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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 plurality decided that the death sentence was an unconstitutional punishment for rape because it was disproportionate to the crime. [7] Coker is the first Supreme Court decision to apply a proportionality requirement for sentencing under the cruel and unusual punishments clause. [8]
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
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.
Wright decision that constitutional protections against cruel and unusual punishment (8th Amendment) and for due process against loss of life, liberty or property (14th Amendment) apply only to ...
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.
Madison v. Alabama, 586 U.S. ___ (2019), was a United States Supreme Court case regarding the Eighth Amendment to the United States Constitution, barring cruel and unusual punishment. The case deals with whether the Eighth Amendment prohibits executing a person for a crime they do not remember.
The case also turned on a difference in wording between the U.S. Constitution's 8th Amendment argument against cruel and unusual punishment and Article 1, Section 6 of the California Constitution (the provision has since moved to Article 1, Section 17), which read (emphasis added):