US Constitution Series, Amendment VIII

Amendment VIII. Further Guarantees in Criminal Cases

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The death penalty is not cruel or unusual punishment per se, but define "excessive." According to the United States Supreme Court in Industries of Vermont, Inc v. Kelco Disposal, Inc, 492 U.S. 257, 109 S.Ct. 2909, 106 L.Ed.2d 219 (1989), the "excessive fines" clause does not extend to punitive damages in suits between private parties.