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Neat thanks. >We consider whether the eighth Ammendment's prohibition on cruel and unusual punishment bars a city from prosecuting people criminally for sleepi
by swebs 8y ago
Neat thanks.
>We consider whether the eighth Ammendment's prohibition on cruel and unusual punishment bars a city from prosecuting people criminally for sleeping outside on public property when those people have no home or other shelter to go to. We conclude that it does.
Still, it seems unrelated to cruel and unusual punishment. Putting people in jail is standard punishment for many crimes. It seems like the problem is in the prosecution itself before any sort of punishment is decided.
- mikeash 8y agoThey’re linked. Punishment which doesn’t fit the crime can be cruel and unusual even if it’s not for a crime where it does fit. For example, executing someone for petty theft would likely be held unconstitutional, even though it’s an allowable punishment for first degree murder.
- chris_wot 8y agoIt is rather unusual to put someone in jail because that person doesn’t have a home. And it’s cruel to make someone a criminal because they don’t have a home.