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Eighth Amendment to the United States Constitution


 

Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. The phrases employed are taken from the English Bill of Rights.

Excessive fines

The protection against excessive fines applies only with respect to the government. Punitive damages awarded in civil trials are not governed by the clause, as the Supreme Court held in Browning-Ferris Industries v. Kelco Disposal, Inc. (1989). The Supreme Court has held that the wealth of the defendant need not be considered when deciding the excessiveness of a fine; neither has the Court ever explicitly set a maximum figure for fines.

Related Topics:
Browning-Ferris Industries v. Kelco Disposal, Inc. - 1989

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