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The eighth amendment is a part of the rights of the accused. It supports the 5th amendment: due process. The concepts were first seen in the British bill of rights in 1689. George Mason included it in the draft of the Bill of Rights in 1776, and it was ratified in 1791. This amendment reflects the Enlightenment ideals of individual rights, and an attempt to limit federal government power. It echoes Voltaire’s ideas of fair treatment of individuals. It was added to protect criminals from excessive punishment. It is important to note the connections between the 5th through 8th Amendments: specifically the fifth, being due process, which the 8th is a big part of.
The clause grants protection over excessive bail, fines, and cruel and unusual punishments. This clause was needed because there was fear of unproportional repercussions for small crimes. The meanings of the first two concepts in the amendment are generally self explanatory, but the third one, the phrase ‘cruel and unusual’ has debated meaning because the Constitution does not directly tell us what it means. Two main viewpoints have evolved on interpreting this phrase.
The first, being the originalist mindset, supports that the definition of cruel and unusual should be upheld from 1791, when this amendment was ratified. For example, Justice Thomas and former Justice Scalia believe that the standards of cruelty from the year this amendment was ratified should continue to be the standard for what is okay today. They also believe that the Clause does not ban disproportionate punishments, but only extremely brutal ones; they believe that the death penalty is fine because in 1791 it was commonly used and it is included in the constitution, in the due process clause.
The non-originalists believe the opposite: that the definition of cruel and unusual should grow and change as the nation does. I personally agree with this and I believe that an addition, clarifying that the current justices in the Supreme Court should be able to decide what constitutes cruel and unusual, would be helpful. I think it is unfair to keep standards for punishments from 1791, a time in which much more was widely accepted, such as slavery and the mistreatment of Native Americans. I believe the Constitution should have room to grow and change as society does.
One Supreme Court case that illustrates the 8th Amendment is Graham vs Florida. A 16 year old was sentenced to life in prison for armed robbery, and it was argued that this was cruel and unusual punishment for a juvenile. The Supreme Court ruled in favor, and he was resentenced to 25 years in prison. This case set a new precedent that sentencing juveniles to life in prison with no parole for a non homicidal offense is unconstitutional. This gives us one definition of cruel and unusual, being sentencing somebody who still has a chance for rehabilitation given that they are not yet an adult.
Tags: 8th-amendment, alessandra, alessandra-amendment-viii, amendment, amendment-viii, eighth, eighth-amendment, viii
4 Responses to “Alessandra – Amendment VIII”
c26sg
I really like how you explained that the eighth amendment is part of a group of amendments that define the rights of the accused. Does solitary confinement violate this amendment?
c26am
The comparison between non-originalist and originalist thinkers was really interesting and gave a lot of context to arguments surrounding the death penalty! Over time, was there a shift in Supreme Court precedent from following an originalist view point to following a non-originalist viewpoint?
Maddy Kim
This is really interesting! Since the terms “cruel” and “unusual” are still so vague, could this amendment be considered to still allow the enslavement of criminals?
c26ln
Alessandra, this was a great video and you really emphasized the importance of this clause. Since you mentioned how interpretations can change over time, how can you see the interpretation of this clause shifting in the future?