3 ms·
This violates the constitution because it is unusual (the constitution bans cruel and unusual punishments). So, we'll have to normalize this punishment.
by noworriesnate 2y ago
This violates the constitution because it is unusual (the constitution bans cruel and unusual punishments). So, we'll have to normalize this punishment.
- gadders 2y agoMaybe do the board of directors as well?
- x3n0ph3n3 2y agoIt can be unusual as long as it is not cruel. It bans "cruel and unusual" not "cruel or unusual." That's why a judge can order, as punishment for shoplifting, that the perpetrator stands in front of the store with a sign saying "I shoplifted here."
- foobarian 2y agoBy that token, it could be a cruel punishment as long as it's not unusual. Hmm...
- hunter2_ 2y agoSome may see usual punishment such as customary fines and jail time as cruel, but the usual-ness making the arguable cruelness moot is convenient as it eliminates the need to argue it.
- digging 2y agoHave you heard of American prisons?
- gs17 2y agoHere's the test the Supreme Court established in 1972: > The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity", especially torture. > "A severe punishment that is obviously inflicted in wholly arbitrary fashion." (Furman v. Georgia temporarily suspended capital punishment for this reason.) > "A severe punishment that is clearly and totally rejected throughout society." > "A severe punishment that is patently unnecessary."
- capnsalty 2y ago[flagged]