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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 precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared ...
The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The cruel and unusual punishment clause of the Eighth Amendment did not apply to corporal punishment as a disciplinary practice in public schools, and the due process clause of the Fourteenth Amendment did not require notice or a hearing prior to imposition of such punishment, as the state's laws authorized the practice and allowed common law ...
Torture as a punishment falls under the cruel and unusual punishment clause of the Eighth Amendment to the United States Constitution. The text of the Amendment states that: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die and the victim's death was not intended.
For many years, the Supreme Court has ruled that the “Cruel and Unusual Punishments Clause” applies to the states as well as to the federal government. The Excessive Fines Clause had not been ...
The trial ended in 1979 with the ruling that the conditions of imprisonment within the TDC prison system constituted cruel and unusual punishment in violation of the United States Constitution, [2] with the original report issued in 1980, a 118-page decision by Judge William Justice (Ruiz v. Estelle, 503 F.Supp. 1295). [3]
Regarding the particular constitutional provision in question, the dissenters characterized the Court's opinion as follows: "the clause against cruel punishments, which was intended to prohibit inhumane and barbarous bodily punishments, is so construed as to limit the discretion of the lawmaking power in determining the mere severity with which ...