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The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The Eighth Amendment, which bars "cruel and unusual punishments," was intended by the founders as a bulwark against prisoner abuse. Over the years it came to mean any treatment that "shocked the ...
Kuebel (1971), the Court stated in dicta: "Bail, of course, is basic to our system of law, and the Eighth Amendment's proscription of excessive bail has been assumed to have application to the States through the Fourteenth Amendment." [14] In Murphy v. Hunt (1982), the Court did not reach the issue because the case was dismissed as moot. [15]
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.
Eighth Amendment of the Constitution of India, extended the period of reserved seats in the parliament; Eighth Amendment of the Constitution of Ireland, which recognized the equal right to life of an unborn child; Eighth Amendment to the Constitution of Pakistan, which changed Pakistan's government from a parliamentary system to a semi ...
Because so few Eighth Amendment cases make it to the appeals stage, we were able to pull all opinions that fit these parameters over the course of five years — from 2018 to 2022 — spanning two ...
In that case, the 9th Circuit ruled in 2018 that such prosecutions would violate the Eighth Amendment. In its 2022 ruling, the same court extended that reasoning to civil penalties, prompting the ...
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 criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime.