There are four principles by which we may determine whether a particular punishment is 'cruel and unusual'.
- the "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
- "a severe punishment that is obviously inflicted in wholly arbitrary fashion".
-" a severe punishment that is clearly and totally rejected throughout society".
-" a severe punishment that is patently unnecessary ".

Prohibiting the federal government from imposing excessive bail, excessive fines or cruel and unusual punishment, including torture.