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The Eighth Amendment in plain language
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Start with a question
What makes a punishment cruel or unusual?
In brief
Punishment must be proportional, humane, and not excessive compared to the offense.
Why this matters
The Eighth Amendment bars cruel and unusual punishments and excessive fines. Courts look at proportionality, evolving standards of decency, and whether a penalty shocks the conscience. This shapes debates about juvenile sentencing, bail, and conditions of confinement.
A simple example
A large fine for a minor infraction can be unconstitutional if it’s far out of proportion to the offense.
Questions to think about
- Why should punishment fit both the crime and the person?
- How do standards of decency change over time?
- Should kids be punished differently than adults? Why?
Try this
Review three school rule violations and craft fair consequences. Explain why each is proportional.
One thing to take away
State one principle courts use to judge whether a punishment is excessive.
Story bridge
Story bridge
In the book, the kids debate a consequence for breaking a promise. How did they decide what was fair?
Keep exploring
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