What is cruel and/or unusual punishment?

Question

I’ve thought about it and if you look at it right the only unusual punishments are those that need modern technology and all forms of punishment can be cruel. Tell me what you think.

Answer 1

Very cruel stuff

Answer 2

I would say that cruel punishment is where you try to destroy the person being punished in some way. You do not need modern technology for that. For example, if a person wants to get back at someone, they spread a lie about that person to the detriment to their reputation. This is cruel, because in most cases it is almost impossible to defend and their reputation is destroyed. I would say that unusual punishment is something that is not considered usual, not part of the "mos maiorum" (custom). For example, in Australia, you do not (at least in the last hundred years) whip somebody as punishment.

As you can see I would argue that unusual/cruel punishment are actually 2 separate categories.

As for all punishments can be cruel, I believe that you are correct. It is in the mind of both the punisher and the person being punished. If the punisher is doing it more than for correction of a fault, then it can be cruel. Also if the person being punished thinks that it is undeserved, it can also be cruel.

Please reply with your thoughts.

Demociticus

Answer 3

The general standard is punishment that is inflicted purely for punishment's sake. In other words, causing some physical or psychological pain because you want them to feel pain.

The "cruel and unusual" standard includes both the cruelty of the treatment, and whether it is justified or not, and how common or unusual the treatment is. If something is in common practice, then even if it is cruel, it might not rise to that "cruel AND unusual" standard. That doesn't require modern technology -- just a common census of civilized treatment.

Or for the legal definition --"unnecessary and wanton infliction of pain", without reasonable justification. Hope v. Pelzer, 536 U.S. 730 (2002); also Rhodes v. Chapman, 452 U.S. 337 (1981).

Answer 4

Watch some television specials on the history channel on torture or the inquisition or the witch trials in Europe. You can imagine the devices these people have invented all in the name of punishment. Even a beating on the soles of your feet by a paddle can leave you crippled for life without the ability to walk normally again, ie pol pots regime. I find beheading in Iraq a little unusual for being in the wrong place at the wrong time. We live in a very safe bubble called America, you should venture out sometime and checkout some horrid conditions of really close places like Mexico, Brazil or Chile.

Answer 5

I think cruel and unusual punishments are considered as methods like electrocution and the old chopping of the head thing. What's cool are methods like that whole injection thing. But honestly, I'm just against civil punishment just because killings not cool.

Answer 6

unsure what else you opt to nicely known. The dying penalty is permitted by capacity of particular state legislations. The shape mentions in basic terms one crime, treason, and gadgets up a blueprint for governments to enact rules, undertaking to the barriers found on the form.

Answer 7

The thought of Democrats ruining this country by taking control of Congress.

Answer 8

I think for some they don't suffer enough in truth all it takes is one well placed bullet..People say killing is wrong in any case but if they killed say your mother or you son or daughter would they still fill the same way?????

Answer 9

That's the problem, some people think any death penelty is cruel.

Answer 10

It is what the President says it is our isn't. Bush has stated he determines what is going to far. So far I don't think any thing is off limits!