Which amendment protects us against cruel and unusual punishment?

• A. 5th Amendment
• B. 8th Amendment
• C. 14th Amendment
• D. 4th Amendment

Answer: (B)

Protection against cruel and unusual punishment is provided by the Eighth Amendment. It specifically bars punishments that are barbaric or grossly disproportionate and also covers prohibitions on excessive bail and excessive fines. The federal government is bound by it, and through the Fourteenth Amendment’s due process clause, the states are as well, so this protection applies broadly. The other amendments cover different rights: the Fifth deals with due process and protections against self-incrimination, the Fourteenth extends due process and equal protection to the states (but does not define cruel and unusual punishment by itself), and the Fourth concerns search and seizure. So the correct answer is the Eighth Amendment.