1776 marked a new era in the history of cruel and unusual punishment with the adoption of the Virginia Declaration of, Rights. Article 9 of the Declaration stated: ‘Excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.‘
As the American Revolution began, each of the thirteen colonies made plans for drafting and adopting constitutions. Eight of the thirteen adopted constitutions containing a separate bill of rights. Of these, only Connecticut and Pennsylvania did not include prohibitions against cruel and unusual punishments. Four states scattered individual rights throughout the main texts of their constitutions.
The final document of 1787 contained a bill of rights that stated: ‘ No cruel and unusual punishment shall be inflicted.‘ Such high regard was held for this concept, that other guarantees like freedom of speech or press, search and seizure and double jeopardy were not enumerated, although were obviously included. In December of 1791 the cruel and unusual clause became the Eighth Amendment to the federal Bill of Rights and thus part of the formal law of the land.