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> How is that not "cruel and unusual" Cruel refers to punishment which is torturous. Prison, in theory, should not be torture, despite often being so. Many asp
by gnode 7y ago
> How is that not "cruel and unusual"
Cruel refers to punishment which is torturous. Prison, in theory, should not be torture, despite often being so. Many aspects of incarceration in the US which are effectively torturous are commonly excused as being necessary for security and safety (e.g. solitary confinement) or medical reasons (e.g. force feeding), or being acts of other prisoners not under the control of the state (e.g. bullying). By contrast, many other countries' prison systems treat these factors as being within their responsibility.
Unusual refers to the punishment being arbitrary or not appropriate for the crime. This doesn't set a standard for what punishment is reasonable, but only requires punishments be consistent (for similar crimes). Additionally, if the punishment could not have been expected, then it can't be considered useful for the purpose of deterrence.
Crucially, the requirement that punishment not be cruel and unusual does not require the punishment to be reciprocal to the crime.