It prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments, including torture.
Cruel and Unusual Punishment. Download article as a PDF. Under the Eighth Amendment to the U.S. Constitution, individuals convicted of a crime have the right to be free of cruel and unusual punishment while in jail or prison. Inmates' Eighth Amendment challenges to punishment and confinement conditions are typically brought in connection with federal civil rights laws, including 42 U.S. Code, Section 1983, and the Prison Litigation Reform Act. The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights (ratified December 15, 1791) prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments, including torture. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [H]owever unlimited the power of the court may seem, it is far from being wholly arbitrary; but its discretion is regulated by law. The Eighth Amendment’s prohibition of cruel and unusual punishment also protects your right to safe and humane conditions in prison. You can challenge prison conditions that are unsafe or that deprive you of a “basic human need,” such as shelter, food, exercise, clothing, sanitation, and hygiene. You can bring a claim for sexual assault even if it does not result in physical injury. One good case to read on this issue is Schwenk v. Hartford, 204 F.3d 1187, 1196-97 (9th Cir. 2000). Also, rape and sexual assault need not be committed by a prison guard in order to violate the Eighth Amendment. It is not contended in this connection that the prohibition of the Eighth Amendment to the federal Constitution against excessive fines operates to control the legislation of the states. The fixing of punishment for crime or penalties for unlawful acts against its laws is within the police power of the state. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [H]owever unlimited the power of the court may seem, it is far from being wholly arbitrary; but its discretion is regulated by law. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause also applies to the states. The phrases in this amendment originated in the English Bill of Rights of 1689. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [H]owever unlimited the power of the court may seem, it is far from being wholly arbitrary; but its discretion is regulated by law. Criminal Defense Guide. While prisoners are stripped of many of their civil rights, there are many protections still in place for prisoners per federal and state laws. For starters, the Eighth Amendment protects all prisoners from cruel and unusual punishment. Secondly, federal laws protect a prisoner’s right to freedom of speech, religion, and equal protection under the laws, regardless of discriminatory factors.  Although prisoners do not have full Constitutional rights, they are protected by the Constitution's prohibition of cruel and unusual punishment (see Amendment VIII). This protection requires that prisoners be afforded a minimum standard of living.  In a very important Supreme Court case called Hudson v. McMillian, 503 U.S. 1 (1992), the Court found a violation of the Eighth Amendment when prison officials punched and kicked a prisoner, leaving him with minor bruises, swelling of his face and mouth, and loose teeth. You can bring a claim for sexual assault even if it does not result in physical injury. One good case to read on this issue is Schwenk v. Hartford, 204 F.3d 1187, 1196-97 (9th Cir. 2000). Also, rape and sexual assault need not be committed by a prison guard in order to violate the Eighth Amendment. The Eighth Amendment forbids “cruel and unusual punishment” and is probably the most important amendment for prisoners. It has been interpreted to prohibit excessive force and guard brutality, as well as unsanitary, dangerous or overly restrictive conditions. You can bring a claim for sexual assault even if it does not result in physical injury. One good case to read on this issue is Schwenk v. Hartford, 204 F.3d 1187, 1196-97 (9th Cir. 2000). Also, rape and sexual assault need not be committed by a prison guard in order to violate the Eighth Amendment. The Eighth Amendment to the U.S. Constitution reads: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment to the U.S. Constitution, ratified in 1791, has three provisions. The cruel and unusual punishments clause restricts the severity of punishments that state and federal governments may impose upon persons who have been convicted of a criminal offense. Appellate courts usually defer to lower courts' decisions when a criminal penalty is challenged under the Excessive Fines and Excessive Bail Clauses of the Eighth Amendment. They give much closer scrutiny to criminal penalties that are challenged under the Cruel and Unusual Punishments Clause.
http://criminal.findlaw.com/criminal-rights/cruel-and-unusual-punishment.html https://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution http://jailhouselaw.org/your-right-to-be-free-from-cruel-and-unusual-punishment/ https://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution http://www.lawfirms.com/resources/criminal-defense/defendants-rights/prisoners-rights.htm https://www.law.cornell.edu/wex/prisoners_rights http://jailhouselaw.org/your-right-to-be-free-from-cruel-and-unusual-punishment/ http://jailhouselaw.org/your-right-to-be-free-from-cruel-and-unusual-punishment/ http://legal-dictionary.thefreedictionary.com/Eighth+Amendment
how does the eighth amendment protect prisoners