Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Bill of Rights
Eighth Amendment
Amendment VIII · Ratified December 15, 1791
In brief
Prohibits excessive bail and fines and the infliction of cruel and unusual punishments.
Amendment VIII · Ratified December 15, 1791 · Part of the Bill of Rights
How often courts cite this over time
Court decisions citing this, by year.The marker is when it took effect. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Landmark decisions
23 total- Harmelin v. Michigan · 501 U.S. 957 (1991)
Harmelin v. Michigan, 501 U.S. 957 (1991), was a case decided by the Supreme Court of the United States under the Eighth Amendment to the United States Constitution. The Court ruled that the Eighth Amendment's Cruel and Unusual Punishment Clause allowed a state to impose a life sentence without the possibility of parole for the possession of 672 grams (23.
- Weems v. United States · 217 U.S. 349 (1910)
Weems v. United States, 217 U.S. 349 (1910), was a decision of the United States Supreme Court. It is primarily notable as it pertains to the prohibition of cruel and unusual punishment.
- Furman v. Georgia · 408 U.S. 238 (1972)
Furman v. Georgia, 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court decided that arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. It was a per curiam decision.
- Trop v. Dulles · 356 U.S. 86 (1958)
Trop v. Dulles, 356 U.S. 86 (1958), was a United States Supreme Court case in which the Court ruled that it was unconstitutional to revoke citizenship as a punishment for a crime. The ruling's reference to "evolving standards of decency" is frequently cited in Eighth Amendment jurisprudence.
- Robinson v. California · 370 U.S. 660 (1962)
Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. In Robinson, the Court struck down a California law that criminalized being addicted to narcotics.
- Bucklew v. Precythe · 587 U.S. 119 (2019)
Bucklew v. Precythe, 587 U.S. 119 (2019), was a United States Supreme Court case regarding the standards for challenging methods of capital punishment under the Eighth Amendment to the United States Constitution. In a 5–4 decision, the Court held that when a convict sentenced to death challenges the state's method of execution due to claims of excessive pain, the convict must show that other alternative methods of execution exist and clearly demonstrate they would cause less pain than the state-determined one.
- Wilkerson v. Utah · 99 U.S. 130 (1878)
Wilkerson v. Utah, 99 U.S. 130 (1879), is a United States Supreme Court case in which the Court affirmed the judgment of the Supreme Court of the Territory of Utah in stating that execution by firing squad, as prescribed by the Utah territorial statute, was not cruel and unusual punishment under the Eighth Amendment to the United States Constitution.
- United States v. Bajakajian · 524 U.S. 321 (1998)
United States v. Bajakajian, 524 U.S. 321 (1998), is a U.S. Supreme Court case holding that asset forfeiture is unconstitutional when it is "grossly disproportional to the gravity of the defendant’s offense", citing the Excessive Fines clause of the Eighth Amendment. It was the first time the Court struck down the federal government's "aggressive use of forfeiture" and the only time it has held that an imposed fine was unconstitutional under the Eighth Amendment.
- Ingraham v. Wright · 430 U.S. 651 (1977)
Ingraham v. Wright, 430 U.S. 651 (1977), was a United States Supreme Court case that upheld the disciplinary corporal punishment policy of Florida's public schools by a 5-4 vote. The Court also held that the Eighth Amendment did not apply to corporal punishment, and that the Due Process Clause of the Fourteenth Amendment did require notice or a hearing prior to the imposition of such punishment.
- Coker v. Georgia · 433 U.S. 584 (1977)
Coker v. Georgia, 433 U.S. 584 (1977) was a United States Supreme Court decision which held that the death penalty for rape of an adult was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the U.S. Constitution. The Court expanded the ban on death penalty for rape to include rape of a child in the 2008 decision Kennedy v. Louisiana.
- Timbs v. Indiana · 586 U.S. 146 (2019)
Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments. In February 2019, the Court unanimously ruled that the Eighth Amendment's prohibition of excessive fines is an incorporated protection applicable to the states under the Fourteenth Amendment.
- Estelle v. Gamble · 429 U.S. 97 (1976)
Estelle v. Gamble, 429 U.S. 97 (1976), was a case in which the Supreme Court of the United States established the standard of what a prisoner must plead in order to claim a violation of Eighth Amendment rights under 42 U.S.C. § 1983. Specifically, the Court held that a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs.
- Miller v. Alabama · 567 U.S. 460 (2012)
Miller v. Alabama, 567 U.S. 460 (2012), was a United States Supreme Court case in which the Court held that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders. The ruling applied even to those persons who had committed murder as a juvenile, extending beyond Graham v. Florida (2010), which had ruled juvenile life without parole sentences unconstitutional for crimes excluding murder.
- Baze v. Rees · 553 U.S. 35 (2008)
Baze v. Rees, 553 U.S. 35 (2008), is a decision by the United States Supreme Court, which upheld the constitutionality of a particular method of lethal injection used for capital punishment.
- Kennedy v. Louisiana · 554 U.S. 407 (2008)
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die and the victim's death was not intended.
- United States v. Salerno · 481 U.S. 739 (1987)
United States v. Salerno, 481 U.S. 739 (1987), was a United States Supreme Court decision that determined that the Bail Reform Act of 1984 was constitutional, which permitted the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially a danger to society. The Act was held to violate neither the United States Constitution's Due Process Clause of the Fifth Amendment nor its Excessive Bail Clause of the Eighth Amendment.
- Stack v. Boyle · 342 U.S. 1 (1952)
Stack v. Boyle, 342 U.S. 1 (1951), was a United States Supreme Court case involving the arrest of members of the Communist Party who were charged with conspiring to violate the Smith Act. The case regards the Eighth Amendment issue of excessive bail.
- McDonald v. City of Chicago · 561 U.S. 742 (2010)
McDonald v. City of Chicago, 561 U.S. 742 (2010), is a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller (2008) as to the scope of gun rights in regard to the states.
- Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc. · 492 U.S. 257 (1989)
Browning-Ferris Industries v. Kelco Disposal, 492 U.S. 257 (1989), was a case in which the Supreme Court of the United States held that the Eighth Amendment's prohibition of unreasonable fines does not apply to punitive-damage awards in civil cases when the United States is not a party.
- State Farm Mutual Automobile Insurance Co. v. Campbell · 538 U.S. 408 (2003)
State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the Due Process Clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety". The Court reached this conclusion applying guideposts first noted in BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), requiring courts to consider: the degree of reprehensibility of the…
- Austin v. United States · 509 U.S. 602 (1993)
Austin v. United States, 509 U.S. 602 (1993), was a case in which the Supreme Court of the United States held that the Eighth Amendment to the United States Constitution applies to civil forfeiture cases.
- Louisiana ex rel. Francis v. Resweber · 329 U.S. 459 (1947)
Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947), is a case in which the U.S. Supreme Court was asked whether imposing capital punishment (the electric chair) a second time, after it failed in an attempt to execute Willie Francis in 1946, constituted a violation of the United States Constitution.
- Adamson v. California · 332 U.S. 46 (1947)
Adamson v. California, 332 U.S. 46 (1947), was a United States Supreme Court case regarding the incorporation of the Fifth Amendment of the Bill of Rights. Its decision is part of a long line of cases that eventually led to the Selective Incorporation Doctrine.