The Eighth Amendment has been found to outlaw several punishments, including torture, burning alive, drawing and quartering, and depriving someone of their U.S. citizenship.
The federal government is not allowed to impose severe punishments on criminal defendants as a condition of pretrial release or as a result of a criminal conviction under the 8th Amendment. The most significant and divisive section of the amendment is the "Cruel and Unusual Punishments Clause."
In a case, the Supreme Court determined that the Cruel and Unusual Punishment Clause of the Eighth Amendment is violated when a mentally challenged person is sentenced to death.
In addition to those found in the Fifth and Sixth Amendments, the Eighth Amendment offers three crucial protections for persons accused of a crime: It forbids harsh and unusual punishments, as well as excessive bail and fines.
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