Which amendment prohibits excessive bail and cruel and unusual punishment?

• A. The Fifth Amendment
• B. The Fourth Amendment
• C. The Tenth Amendment
• D. The Eighth Amendment

Answer: (D)

Excessive bail and cruel and unusual punishment are protections found in the Eighth Amendment. Excessive bail means the bail amount must be proportionate to the offense and the defendant’s flight risk; it should not be so high that it becomes a form of punishment before guilt is established. Cruel and unusual punishment refers to penalties that are inhumane or grossly disproportionate to the crime, a standard that has been shaped by evolving societal norms and judicial interpretation.

The other amendments cover different protections: the Fourth Amendment guards against unreasonable searches and seizures, the Fifth covers due process and protections against self-incrimination, and the Tenth reserves powers to the states.