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The 8th Amendment was passed along with the rest of the Bill of Rights because the Constitution defined how the separate branches of government would share power, but not what rights the individual had. The 8th Amendment protects the individual from judicial excesses in terms of bail, fines, and punishment.

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16y ago
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14y ago

The provision was largely inspired by the case in England of Titus Oates who, after the ascension of James II in 1685, was tried for perjuries which had caused many executions. He was sentenced to imprisonment which included an annual ordeal of being taken out for two days pilory (at Westminster, then London) plus one day of whipping while tied to a moving cart.

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Q: What caused the eighth amendment?
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