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Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction.
The Eighth Amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants. Learn about the history, interpretation, and debate of this clause, and how it relates to the death penalty and other issues.
The Eighth Amendment prohibits excessive bail, fines, and punishments that are disproportionate or cruel. Learn about the history, interpretation, and application of this amendment in criminal and civil cases.
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- Imprisonment
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Cruel and unusual punishment is a phrase mentioned in the Eighth Amendment to the U.S. Constitution. Specifically, the Eighth Amendment prohibits cruel and unusual punishment. However, the Constitution does not give more guidance than that, and so courts--particularly the Supreme Court--have heard a number of cases which have given guidance to the ...
Proportionality of Sentence
In Solemv. Helm, 463 U.S. 277 (1983), the Supreme Court held that a sentencemay not be disproportionate to the crime committed, regardless of whether the crime is a felony or a misdemeanor. To measure proportionality, the court must look at several factors. These factors include the severity of the offense, the harshness of the penalty, the sentences imposed on others within the same jurisdiction, and the sentences imposed on others in different jurisdictions. The Supreme Court later overturn...
In Ingraham v. Wright, 430 U.S. 651 (1977), the Supreme Court stated that the “unnecessary and wanton infliction of pain” constitutes cruel and unusual punishment. This standard was refined inWhitley v. Albers, 475 U.S. 312 (1986), in which the Supreme Court stated that action that may seem like an unconstitutional “unnecessary and wanton inflictio...
Deliberate Indifference
In Estelle v. Gamble, 429 U.S. 97 (1976), the Supreme Court established that the Eighth Amendment may be violated due to factors related to a prisoner's confinement. A prison guard's deliberate indifference to a prisoner's serious illness or injury would constitute cruel and unusual punishment which would violate the Eighth Amendment.
Overcrowding
In Brown v. Plata, 131 S.Ct. 1910 (2011), the Court held that prison overcrowding in California was unconstitutional because the living conditions resulted in medical care violations. The Court reasoned that prisoners would suffer and could die if they did not receive with adequate medical care.
For more on cruel and unusual punishment, see this Florida State University Law Review article, this University of Virginia Law Review article, and this New York University Law Review article.
Learn about the Eighth Amendment prohibition on cruel and unusual punishment in the U.S. Constitution. Find out how courts have interpreted and applied this amendment in various cases involving imprisonment, age, prison beatings, and conditions of confinement.
Jun 6, 2023 · Learn what the Eighth Amendment prohibits and what is considered cruel and unusual punishment in the U.S. legal system. Find out how to sue the government if your rights are violated and see examples of excessive penalties.
Sep 27, 2008 · Cruel and Unusual: Directed by George Mihalka. With Tom Berenger, Rachel Hayward, Tygh Runyan, Elizabeth Carol Savenkoff. A brother and sister move to a sleepy Oregon town and are befriended by a stranger with a magnetic personality on a summer sabbatical.
Mar 12, 2024 · Learn the meaning of cruel and unusual punishment, a legal term that refers to harsh and excessive punishment that violates the Eighth Amendment. See how the term is used in recent news articles and court cases.
