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The Eighth Amendment of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments to criminal defendants who have been convicted of a crime.ost of these limitations on criminal sentencing can be found in the 8th Amendment to the U.S. Constitution. The 8th Amendment states that in a criminal case: 1  Excessive bail shall not be required. 2  Excessive fines shall not be imposed.
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.he 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.