Constitution
Amendment 8: Excessive Bail and Fines, Cruel and Unusual Punishments
Text from National Archives. Explanation last updated September 29, 2026. How we check this
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In plain English
The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.
The clauses limit how the government may punish people. What counts as “cruel and unusual” has been read by the Supreme Court in light of “evolving standards of decency,” which is why decisions about the death penalty, juvenile sentences and prison conditions have changed over time.
The text
As printed by the source cited at the end of this page, with its original spelling, capitalization and punctuation.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Explained section by section
Excessive bail
Bail is money or another guarantee posted to secure a defendant’s release before trial. The amendment does not create a right to bail in every case, but it says bail may not be set at an amount excessive in relation to its purpose, which is to ensure the defendant returns to court.
Excessive fines
Fines and forfeitures must not be grossly disproportionate to the offense. The Supreme Court held in Timbs v. Indiana (2019) that the Excessive Fines Clause applies to the states.
Cruel and unusual punishments
The wording comes from the English Declaration of Rights of 1689. The Court has used it to bar certain punishments, including capital punishment for people who committed their crimes under age eighteen (Roper v. Simmons, 2005), while upholding the death penalty as such in Gregg v. Georgia (1976).
Context and current status
It was ratified on December 15, 1791. It was written in the shadow of English abuses and reflects the view that even people convicted of serious crimes retain protection against arbitrary or barbaric treatment.
Current textual status: unchanged and in force. The Court applies the ban on cruel and unusual punishment to the states, and has also applied the prohibition on excessive fines to them.
Terms to know
- Bail
- A payment or pledge that secures a defendant’s release before trial.
- Excessive
- Out of proportion to the purpose or the offense.
- Evolving standards of decency
- The phrase the Court has used to say that the meaning of “cruel and unusual” can change with society’s standards.
Common misconceptions
“The Eighth Amendment bans the death penalty.”
The Supreme Court has held that capital punishment is not itself unconstitutional, but has restricted how and for whom it may be used.
How it connects
Links to related provisions and documents, with the reason each one matters here.
- Amendment 14Citizenship, Due Process and Equal ProtectionThe Fourteenth Amendment is how the Eighth Amendment’s limits were applied to state punishments.
- Amendment 6Criminal Trials: Speedy Trial, Jury, Confrontation and CounselThe Sixth Amendment governs the trial; the Eighth governs the bail before it and the punishment after it.
- Amendment 13Abolition of SlaveryThe Thirteenth Amendment allows involuntary servitude “as a punishment for crime,” a clause that connects to how the law treats punishment.
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Sources and corrections
- Text: National Archives. Checked against the source on September 29, 2026.National Archives transcription of the engrossed Constitution, with original spelling and capitalization. The signature block and the Convention's interlineation note are not reproduced.
- The Bill of Rights: A Transcription — National Archives
- The Interactive Constitution: Eighth Amendment — National Constitution Center
Educational material, not legal advice. Spotted a mistake? Tell us; corrections change this page’s update date.