3 ms·
It 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, t
by x3n0ph3n3 2y ago
It 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."