are there laws currently against cruel and unusual punishment?

Question

are there special circumstances when they can be overlooked?

Answer 1

no laws are needed. The constitution;s 8th amendment forbids laws that impose cruel and unusual punishment. However the death penalty is not considered cruel and unusual because it has been in effect since the beginning of time. Cruel and unusual was meant to refer to tarring and feathering people like they did in puritan new england, stuff like that

Answer 2

There are laws against cruel and unusual punishment and they can not be overlooked. However, the law is rather vague and what is interpreted as cruel and unusual can change over time and maybe even between situations.

Answer 3

As a speech it is awful Something like this should be presented with passion (ditto if you were arguing on the other side.) While factual, the presentation is bland. My standard written position statement, which you are welcome to borrow from is: I'm opposed to it because it only would work if murderers were capable of rational thought instead of being motivated by alcohol, drugs and testosterone. The death penalty may be a regular feature in the news but in real life, it isn't even a blip on the criminal radar screen and hasn't been significant for over a century. During the last 100 years, the most people executed in one year was 198 in 1935. For a nation of 300 million people that is statistically zero and the 50 or so in 2007 is absolutely insignificant when compared with the number of murders that happen. If it was done away with entirely the savings could be spent in ways that prevent murders. Most of the expense is up front at the investigation and trial stage and serves only to let grandstanding prosecutors pander to the public by showing how tough they are. There may be a great amount of support for the death penalty but I don't think most people realize how much of a nothing it really is. In my state, California, there has been about one execution every three years since the death penalty was reinstated. There are over 600 inmates on death row so at that rate it will take 1,800 years to kill them all provided we don't get any more. The most common cause of death on death row is natural causes followed by suicide. Lethal injection is a distant third. The expense of keeping capital punishment is enormous. For example, the state of Maryland figures it has spent $37 Million EACH for the executions it has carried out since reinstating the death penalty. When you look at the costs, this is a criminal waste of the public's money.

Answer 4

That's difficult to answer. It's based upon ideas which are not constant. One guy got a very unusual punishment which was not considered cruel. Another guy got a cruel punishment which was not considered unusual. Still another got a punishment that one guy thought was cruel and unusual while another did not think so.
Yes there are laws. What is common today is unheard of tomorrow. Good luck!

Answer 5

There may be specific laws prohibiting certain kinds of punishment (like statutory maxima for certain crimes, or a prohibiting on certain types of treatment in prisons) but cruel and unusual punishment is covered by the 8th Amendment to the U.S. Constitution and, where applicable, the UN Declaration on Human Rights.

In America, "cruel and unusual punishment" has grown through case law, mostly written by the U.S. Supreme Court.

Answer 6

The 8th Amendment, however there could possibly be life or death circumstances where it would be necessary to cause severe pain and serious injury to an individual to obtain info that could save lives. For instance, if one was interviewing a terrorist that knew where the nuclear devise was in the middle of a major city that was about to explode, one would most likely use absolutely any means necessary to quickly obtain the information from the terrorist.

Answer 7

Why do you ask, haven't you ever read the Constitution?
You know that little document thing that protects yer dumb ____!

YES
the LAW against cruel and unusual punishment is
( drummm rolll)

U.S. Constitution's eight amendment

Since you need to read a bit more...I have provided you with a few easy links to the basics about Your constitutional rights
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http://www.usconstitution.net/

http://www.lectlaw.com/def/c182.htm

http://law.jrank.org/pages/946/Cruel-Unusual-Punishment.html

Peace

Answer 8

Sure is! The problem is the people on death row committed a cruel crime and they for some reason they think because they did it to others they shouldn't have to suffer for it. Personally I think they should suffer the same way the victims were treated. Unfortuatunly the public is blind to the truth until it happens to them or their love ones.

Answer 9

yes, individuals are protected by the 8th amendment against unusual and cruel punishment.

Answer 10

Yes. It depends on the situation.