A severe punishment that is obviously inflicted in wholly arbitrary fashion, a severe punishment that is clearly and totally rejected throughout society, and a severe punishment that is patently unnecessary.
Added: Drawing and quartering - burning alive - the dunking chair - etc. .
No examples are given from which to choose, but 'drawing and quartering' would certainly be one.
a cruel and unusual punishment is being tortured or punished in ways that are not humane
Being burned alive, fed to wild animals, locked in a 4x4x4 box for days, forced to listen to Justin Bieber.
beatin by the popo
jail for narcotics addiction
Public beating
Is legal, if it meets the test of not being "cruel and unusual punishment".
Rhodes v. Chapman
that would be supreme court because it deals with the 8th amendment to the constitution
Most likely, if the punishment violates the Eighth Amendment prohibition against cruel and unusual punishment.
The supreme court did rule that the use of Lethal Injection in Kentucky were not allowed and that it was against the eighth amendment, (cruel and unusuall punishment). They then banned it from Kentucky.
The death penalty is legal in the US because the US Supreme Court ruled that it is not cruel or unusual punishment, and the Federal and some state legislatures have not seen fit to repeal it.
Originally, Thompson was sentenced to death but with a final vote of five to three it was reversed due to the eighth amendment of cruel and unusual punishment.
He sent his case to the supreme court and they overturned his execution because they ruled that if a minor is under the age of 16, this constitutes as cruel and unusual punishment which violates the 8th amendment.
Cruel and unusual punishment is not a crime. The constitution protects Americans from cruel and unusual punishment from the state.
In the U.S. it was suspended in 1972 because of the case Furman v Georgia. The Supreme Court found it to be unconstitutional for a number of reasons including racial bias and that it was cruel and unusual. For more information go to Capital Punishment Debate on Wikipedia.
It was a constitutional challenge to the death penalty based on the "cruel and unusual" punishment aspect of death by lethal injection. The US Supreme Court decided the case in 2008 and rejected the argument of the plaintiffs. See below link:
The 8th Amendment prohibits excessive bail and cruel and unusual punishment.