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This amendment actually started in England in 1689 by King William III. Virginia had adopted the language of the English Bill of Rights in the Virginia Declarations of Rights in 1776. James Madison then proposed the amendment to congress in 1789. According to the Supreme Court, the Eighth Amendment forbids some punishments entirely, and forbids some other punishments that are excessive when compared to the crime. Traditionally, the length of a prison sentence was not subject to scrutiny under the Eighth Amendment, regardless of the crime for which the sentence was imposed. It was not until 1983, that the Supreme Court held that incarceration, standing alone, could constitute cruel and unusual punishment if it were "disproportionate" in duration with respect to the offense (Wikipedia)...
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