Criminal Justice Practice Exam

Which US Constitutional amendment prohibits cruel and unusual punishments?

1. 8th amendment

2. 6th amendment

3. 5th Amendment

4. 10th amendment

The correct answer is: 8th amendment

The 8th Amendment to the United States Constitution explicitly prohibits cruel and unusual punishments, reflecting a fundamental principle of American legal philosophy that seeks to ensure humane treatment even for those convicted of crimes. This amendment emerged from the English Bill of Rights of 1689 and is aimed at limiting excessive fines and extreme forms of punishment that are disproportionate to the crime committed. The language of the 8th Amendment has been interpreted by courts to ensure that punishments should not be barbaric, excessively harsh, or degrading. The courts often review cases to determine whether a given punishment fits within the realm of acceptable standards for humane treatment, taking into consideration evolving standards of decency in society. In contrast, the other amendments mentioned do not address the issue of punishment directly. The 6th Amendment focuses on the rights of criminal defendants, including the right to a fair trial and legal counsel. The 5th Amendment deals with rights related to due process, double jeopardy, and self-incrimination. The 10th Amendment is primarily concerned with the powers reserved to the states or the people, rather than the specifics of criminal punishments. Thus, the 8th Amendment uniquely provides the protection against cruel and unusual punishments.