Cruel and unusual punishment is a term used in criminal law to describe punishment that is inhuman and contrary to public sentiment. It is prohibited by the Eighth and Fourteenth Amendments of the U.S. Constitution and outlined in the United Nations’ Standard Minimum Rules for the Treatment of Prisoners. It is also a part of the Geneva Conventions.
What Qualifies as Cruel and Unusual Punishment?
Cruel and unusual punishment can take a variety of forms, and while courts are typically called on to decide what constitutes such punishment, there are some commonly accepted examples: execution of a minor, beating or cruel corporal punishment, the imposition of torturous psychological conditions, or the infliction of cruel and inhumane treatment in general.
Modern Examples of Cruel and Unusual Punishment
Modern examples of cruel and unusual punishment range from excessive jail sentencing for minor crime to extending solitary confinement for a particularly long period of time. The U.S. Supreme Court ruled in 2020 that holding an immigrant detainee for nearly six years without proper due process was, in fact, cruel and unusual punishment. The Court also notably held in 1972 that the death penalty was unconstitutional in most cases, ruling it to be a form of cruel and unusual punishment, though this ruling was overturned in 1976.
Conclusion
Cruel and unusual punishment is strictly prohibited by the U.S. Constitution and the UN’s Standard Minimum Rules for the Treatment of Prisoners. It is a term that reflects the public sentiment around inhumane treatment within the criminal justice system, and covers a wide range of punishments that are considered to be beyond the pale due to their cruelty or unfairness.