"...except as a punishment for crime whereof the party shall have been duly convicted"
That clause explicitly refutes your claim.
I think that a lot of incarcerated people in the US have a strong case that their 8th Amendment rights have been violated, though:
"Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Most of the recent efforts at reform have been aimed at the first clause- which is so easy to legislate, to the point of having become overly lenient in some cases. Including cases where the results are inexcusable.
The amount of reform efforts that effectively address the third clause is practically zero.
"...except as a punishment for crime whereof the party shall have been duly convicted"
That clause explicitly refutes your claim.
I think that a lot of incarcerated people in the US have a strong case that their 8th Amendment rights have been violated, though:
"Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Most of the recent efforts at reform have been aimed at the first clause- which is so easy to legislate, to the point of having become overly lenient in some cases. Including cases where the results are inexcusable.
The amount of reform efforts that effectively address the third clause is practically zero.