Founding Values

Amendment VIII

Partial

Cruel and Unusual Punishment

Ratified December 15, 1791

The Eighth Amendment's 'cruel and unusual punishments' clause derives from the English Bill of Rights (1689). The Supreme Court has applied it to death penalty procedures, solitary confinement, and juvenile sentencing, with ongoing debate about whether its meaning is fixed or evolves with 'evolving standards of decency.'

Bill of RightsCriminal JusticeDeath PenaltyCruel and Unusual Punishment
Passed by Congress September 25, 1789Ratified December 15, 1791

Full Text

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Annotated Version

The Bill of Rights document includes phrase highlights and court case references for this amendment.