The Eighth Amendment prohibits cruel and unusual punishment. Outside of the death penalty, the 8th Amendment plays a significant role in preventing jails and prisons from implementing unusual, extreme, or dangerous sorts of punishment or conditions of confinement.

The 8th Amendment also prohibits the court from imposing “excessive” bail. Excessive means unreasonable under the circumstances, in light of the crimes charged. Bail is not “excessive” just because you do not have the funds or wherewithal to make bail.