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I always wondered how the death penalty passed this test and I guess this is how. You can certainly say it's cruel but obviously not unusual.
by rhcom2 7y ago
I always wondered how the death penalty passed this test and I guess this is how. You can certainly say it's cruel but obviously not unusual.
- twiggie 7y agoWell the other way it passes the test is that it certainly wasn't abolished by the Constitution when it was written, so why would it be abolished by the Constitution today? Only if it got particularly unusual, at which point the Eighth Amendment would kick in to protect against one rogue judge meting out a punishment that had been largely abandoned by society.
- rhcom2 7y agoI think the definition of what is cruel and unusual changes. When the US Constitution was written people were still being hanged, drawn and quartered.