What does the Eighth Amendment prohibit?

The Eighth Amendment of the United States Constitution specifically prohibits excessive bail and cruel and unusual punishment. This amendment reflects the principle that punishments should be proportionate to the crime committed, ensuring that individuals are not subjected to inhumane treatment or overly harsh financial penalties. Its historical context stems from a reaction against the abuses in the British legal system, where penalties could be excessively severe.

Excessive bail refers to monetary amounts set that are unreasonably high given the nature of the charges, which could prevent individuals from being able to secure their release while awaiting trial. Cruel and unusual punishment encompasses forms of punishment that are considered inhumane, degrading, or shock the conscience, such as torture or excessively harsh sentences.

Other options refer to different amendments or rights protected under the Constitution. Searches without warrants relate to the Fourth Amendment, which guards against unreasonable searches and seizures. Double jeopardy is covered by the Fifth Amendment, preventing an individual from being tried twice for the same offense. Finally, infringement of free speech pertains to the First Amendment, which protects the freedom of expression.