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Documents of Freedom

Eighth Amendment to the U.S. Constitution

15 December 1791
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Most often mentioned in the context of the death penalty, the Eighth Amendment prohibits cruel and unusual punishments, but also mentions “excessive fines” and bail. The “excessive fines” clause surfaces (among other places) in cases of civil and criminal forfeiture, for example when property is seized during a drug raid. [Cornell]

Amendment VIII

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