Eighth Amendment

The Eighth Amendment is an amendment to the United States Constitution that prohibits cruel and unusual punishment. Its protections and scope of application (such as whether they extend to schoolchildren or convicted criminals) are subjects of legal debate.

Claims that use this term

• The Ingraham decision confines Eighth Amendment protection to convicted criminals, excluding schoolchildren.
• Historical prevalence of a practice does not immunize it from the Eighth Amendment.
• School openness and post-hoc damages justify excluding students from Eighth Amendment protection.
• US schools may paddle because the Eighth Amendment does not apply