Foundations of the Eighth Amendment

This chapter delves into the historical context of the Eighth Amendment, focusing on the punitive landscape during King James II's reign in late 17th century England. It discusses how the severe punishments of the era, influenced by Enlightenment thinkers like Cesare Beccaria, shaped the founders' perspectives on justice and led to the prohibition of cruel and unusual punishment in the U.S. Constitution. The chapter also explores early debates among framers regarding the interpretation of these concepts, reflecting the evolving notions of humanity and justice in punishment.