4 ms·
any scheme of corporal punishment would be seen as cruel and unusual Presumably, as soon as it becomes established, it's no longer unusual; it's the new norm.
by EliRivers 13y ago
any scheme of corporal punishment would be seen as cruel and unusual
Presumably, as soon as it becomes established, it's no longer unusual; it's the new norm. It wouldn't meet Brennan's four principles on what is "cruel and unusual" and as such wouldn't fall foul of the 8th amendment.
- jacques_chester 13y agoThanks. It seems to me that the difficulty would be in going from unusual to usual without in the meantime being shot down by the Supreme Court. Are there cases where something became usual before it was brought to judicial review?