The 8th Amendment of the U.S. Constitution prohibits punishments that are cruel and unusual. The 8th Amendment is often invoked in death penalty cases, but it also addresses excessive fines. It applies to both federal and state governments, but most states actually have stricter cruel and unusual punishment laws.

Examples
Some examples of cruel and unusual punishments include:

• Incarceration merely because of a physical or mental condition
• A 14-year sentence for assault with a deadly weapon
• Requiring someone who exposed himself in a non-threatening manner to register as a sex offender
• Life imprisonment for passing a bad check, which was the defendant's seventh non-violent felony

Death Penalty
Death as a punishment for a crime is not itself unconstitutional. Death is not automatically regarded as cruel and unusual, but the way it is applied must meet very specific requirements.

For example, a state may not impose the death penalty if society generally agrees that the death penalty is inappropriate for that particular crime. But if the state provides rational guidelines to help juries decide if the death penalty is appropriate, and if the jury is allowed to take in mitigating factors, then application of the death penalty will probably be upheld.

Excessive Fines
Government is also prohibited from imposing excessive fines as punishment for a crime. To determine if a fine is excessive, courts look at whether the fine is grossly disproportionate to the seriousness of the offense. Therefore, the more serious the crime (such as murder), the higher the fine may be.