digplanet beta 1: Athena
Share digplanet:


Applied sciences






















Cruel and unusual punishment is a phrase describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to it.

There are generally tests that can serve as a guide to what cruel and unusual punishment is according to various legal textbooks in accordance with the law. These are: 1) the frequency at which the punishment occurs in society, 2) overall acceptance in society, 3) severity (i.e., the punishment fits the crime), and 4) if the punishment is arbitrary

There is great debate as to whether the death penalty is cruel and unusual. Common arguments are that the death penalty is more expensive when factoring in appeals versus life in prison, and that the government has been wrong before on death penalty cases (therefore, the government could be wrong again, and the government ought not have the authority to end a life). These two arguments alone may or may not qualify under the tests the government puts forth, which could also be considered arbitrary itself, especially if society is not informed enough on these considerable facts.


These exact words were first used in the English Bill of Rights in 1689, and later were also adopted by the Eighth Amendment to the United States Constitution (ratified 1791) and British Leeward Islands' Slavery Amelioration Act (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article Five of the Universal Declaration of Human Rights adopted by the United Nations General Assembly (A/RES/217, December 10, 1948). The right under a different formulation, "No one shall be subjected to [...] inhuman or degrading treatment or punishment." is found in Article Three of the European Convention on Human Rights (1950). The Canadian Charter of Rights and Freedoms (1982) also contains this fundamental right in section 12 and it is to be found again in Article Four (quoting the European Convention verbatim) of the Charter of Fundamental Rights of the European Union (2000). It is also found in Article 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and in Article 40 of the Constitution of Poland.[1] The Constitution of the Marshall Islands, in the sixth section of its Bill of Rights (art.2), prohibits "cruel and unusual punishment", which it defines as: the death penalty; torture; "inhuman and degrading treatment"; and "excessive fines or deprivations".[2]

United States[edit]

The Eighth Amendment to the United States Constitution states that "cruel and unusual punishments [shall not be] inflicted". The general principles the United States Supreme Court relied on to decide whether or not a particular punishment was cruel and unusual were determined by Justice William Brennan.[3] In Furman v. Georgia, 408 U.S. 238 (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."

  • 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."

And he added: "The function of these principles, after all, is simply to provide means by which a court can determine whether a challenged punishment comports with human dignity. They are, therefore, interrelated, and, in most cases, it will be their convergence that will justify the conclusion that a punishment is "cruel and unusual." The test, then, will ordinarily be a cumulative one: if a punishment is unusually severe, if there is a strong probability that it is inflicted arbitrarily, if it is substantially rejected by contemporary society, and if there is no reason to believe that it serves any penal purpose more effectively than some less severe punishment, then the continued infliction of that punishment violates the command of the Clause that the State may not inflict inhuman and uncivilized punishments upon those convicted of crimes."

Continuing, he wrote that he expected that no state would pass a law obviously violating any one of these principles, so court decisions regarding the Eighth Amendment would involve a "cumulative" analysis of the implication of each of the four principles. In this way the United States Supreme Court "set the standard that a punishment would be cruel and unusual [,if] it was too severe for the crime, [if] it was arbitrary, if it offended society's sense of justice, or if it was not more effective than a less severe penalty."[4]

Capital punishment[edit]

Some people feel that capital punishment is inherently cruel and unusual punishment.

For most of recorded history, capital punishments were often deliberately painful. Severe historical penalties include the breaking wheel, boiling to death, flaying, disembowelment, crucifixion, impalement, crushing, stoning, execution by burning, dismemberment, sawing, scaphism, or necklacing.[5]

In 2008, Michael Portillo on the show Horizon determined that in ensuring an execution is not of a cruel and unusual nature, the following criteria must be met:

  • Death should be quick and painless death to prevent suffering for the person being executed.
  • Medical education should be provided to the executioner to prevent suffering caused by error.
  • The death should not be gory (to prevent suffering for those carrying out the execution).
  • No co-operation should be required from the person being executed, to prevent inaction, distress, and/or suffering caused by the prisoner being required to participate in his own execution.

The show determined that Hypoxia appears to meet the criteria, by way of applying a combination of the gases Argon and Nitrogen, as the person being executed would not feel any physical pain but would experience a euphoric state. It was further determined that these gases could be applied cheaply and efficiently by restraining the prisoner by way of physical restraints and mask.[6]

See also[edit]


  1. ^ Constitution of Poland, Chapter 2
  2. ^ Constitution of the Marshall Islands, art.II, s.6
  3. ^ Palmer, Jr., Louis J. (July 1999). Organ Transplants from Executed Prisoners: An Argument for the Creation of Death Sentence Organ Removal Statutes. Mcfarland & Co Inc Pub. p. 80. ISBN 978-0-7864-0673-9. 
  4. ^ the International Justice Project. "Seminal Cases - Brief Bank & General Resources - the International Justice Project". Retrieved 7 January 2012. 
  5. ^ Revenge Is the Mother of Invention
  6. ^ [1]
  7. ^ Rhona K.M. Smith, Textbook on International Human Rights, second edition, Oxford University Press, 2005, p. 245.

External links[edit]

Dead Links 2000 thru 2003 and "American Declaration..." only "History of..." is a live link

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Cruel_and_unusual_punishment — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.

2479 news items

American Spectator

American Spectator
Thu, 14 Aug 2014 01:14:30 -0700

I am wondering because the American Civil Liberties Union has released a statement asserting that Manning, the U.S. Army private serving a thirty-five year sentence for espionage, is being subjected to “cruel and unusual punishment.” More: “The ...

Dissident Voice

Dissident Voice
Fri, 22 Aug 2014 08:56:15 -0700

As the nation was horrified by another botched execution this summer, a capital defense lawyer in Texas, legal scholar in New York and the former warden of San Quentin work against capital punishment. There were only three people in the room: Jeanne ...


Los Angeles Times
Thu, 21 Aug 2014 20:14:55 -0700

... of Appeals to overturn last month's ruling by U.S. District Judge Cormac J. Carney, who said decades-long delays and uncertainty about whether inmates will be executed violated the Constitution's 8th Amendment ban on cruel and unusual punishment.
WMUR Manchester
Wed, 06 Aug 2014 06:01:35 -0700


New York Daily News

New York Daily News
Sat, 16 Aug 2014 17:02:32 -0700

A 12-year-old girl claims her guardians, Sean Pearson, 33, and Jessica Rowland, 21, subjected her and an 11-year-old boy to cruel and unusual punishment by locking her in a closet, shaving her head and forcing pills down her throat, according to Polk ...
KRQE News 13
Mon, 01 Sep 2014 12:17:34 -0700

The Farmington Daily Times reports that 31-year-old Crandell Martin said his right to due process was violated and he was subjected to cruel and unusual punishment. Surveillance video shows then Officer John Robins slamming Martin's head into a brick ...
Colorado Springs Gazette
Mon, 01 Sep 2014 03:18:45 -0700

... after a single mandatory appeal, without surviving family members having to go through decades of nonsensical appeals and delays based upon alleged mental sickness, childhood poverty, insufficient legal representation, cruel and unusual punishment, ...
Mon, 11 Aug 2014 12:54:29 -0700

Counsel for the defense, attorney Michael Feldman, argues that the minimum thirty year sentence would be considered cruel and unusual punishment. He also adds that Thomas attempted to buy the girl without thinking through any specifics or details of ...

Oops, we seem to be having trouble contacting Twitter

Talk About Cruel and unusual punishment

You can talk about Cruel and unusual punishment with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!