The Eighth Amendment to the U.S. Constitution Essay

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Eighth Amendment, 1791 The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.†¦show more content†¦The Supreme Court upholds the Excessive Fines Clause only as it pertains to fines imposed by and paid directly to the government. â€Å"The court noted the word ‘fine’ was understood to mean a payment to a sovereign as punishment for some offense.† (U.s. constitution: Eight, 2011) Eighth Amendment protection, therefor e, does not extend to the punitive damages imposed by a civil jury in cases between private parties. The Court has since held in Austin v. United States (1993) that protection does exist in cases involving civil forfeiture since it is intended as punishment. The prohibition against cruel and unusual punishment largely concerns itself with disproportionate and arbitrary punishments imposed by the government. â€Å"The Court has repeatedly emphasized the Eighth Amendment’s expansive and vital character and its capacity for evolutionary growth.† (Kanovitz, 2010) Cruelty is interpreted as actions that oppose current standards of decency. As public opinion grows and changes these standards are apt to change. The vague wording of the Eighth Amendment allows room for the opinion of what punishments are acceptable to adapt to modern times. There has been unrelenting controversy over the years concerning the constitutionality of matters such as mandatory minimum sentences and t hree strikes laws, life without parole for juvenile offenders and capital punishment. 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