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I don’t think that’s true in the USA - the idea that the application of the punishment rather than the punishment itself can make it cruel and unusual is the es
by tomatocracy 7y ago
I don’t think that’s true in the USA - the idea that the application of the punishment rather than the punishment itself can make it cruel and unusual is the essence of the famous Furman v Georgia decision of the US Supreme Court in 1971 which led to a de facto moratorium on the death penalty until the late 1970s. What’s more eg in Coker v Georgia in 1977 the US Supreme Court ruled that rape of an adult woman was insufficient to qualify for the death penalty.
- 86carr 7y agoWell like I said below I maybe hoping for something that doesn't exist. I assume enough legal action has taken place to figure this out but I wouldn't really know. However, I agree that the application of the punishment rather than the punishment itself can be cruel and usual (depending on how the punishment is defined). I fail to see how the second case example relates if the first is true. What is cruel or unusual seems unrelated to the crime severity because cruel and unusual is a separate concept like the first example seems to show or so I thought. Crime severity and severity of the punishment should be related though. This is why, in my opinion, solitary confinement can be called might be cruel and unusual. It's categorically different from prison. I hope any of that makes sense.