Eighth Amendment Law and Legal Definition

The Eighth Amendment to the U.S. Constitution reads as:

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

Excessive bail is an amount of bail ordered posted by an accused defendant, which is much more than necessary or usual to assure he/she will attend court appearances, particularly in relation to the seriousness of the crime. The Eighth Amendment to the United States Constitution and some state constitutions prohibit excessive bail for criminal cases. The Eighth Amendment protects incarcerated prisoners from cruel and unusual punishment, and this protection is grounded on their right to be free from the unnecessary and wanton infliction of pain at the hands of correctional officers.