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The 8th Amendment of the US Constitution states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

The defendant has the burden of proving that his punishment is greater than that imposed for more serious offenses in the state and that similar offenses in other states do not carry punishments as severe.

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13y ago
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15y ago

That question has traditionally been decided by the courts.

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Q: Who decides whether punishment is cruel or unusual?
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Related questions

How much jail time may one get for cruel and unusual punishment?

Cruel and unusual punishment is not a crime. The constitution protects Americans from cruel and unusual punishment from the state.


Which amendment guarantees there will be no cruel and unusual punishment?

The 8th Amendment prohibits excessive bail and cruel and unusual punishment.


Is overcrowding in prisons cruel and unusual punishment?

Overcrowding in prisons definitely is considered to be cruel and unusual punishment. This is not safe and definitely not humane.


What are the release dates for Punishment Cruel and Unusual - 2001?

Punishment Cruel and Unusual - 2001 was released on: USA: 14 November 2001


Who was against cruel and unusual punishment?

Many people are against cruel and unusual punishment. It is against the 8th Amendment of the United States Constitution.


Which amendment prohibits cruel and unusual punishment-?

Cruel and unusual punishment is prohibited by the Eighth Amendment, which is part of the Bill of Rights added to the Constitution in 1791. Please support commonsense grammar.


What was the punishment for cruel and unusual punishment of slaves?

slaves get whipped and beaten


What punishment is highly debeted in regards to cruel and unusual punishment?

One punishment that is highly debated in regards to cruel and unusual punishment is the death penalty. It's very uncommon for the actual death sentence to be brought out.


Which amendment outlaws cruel and unusual punishments?

8th amendement outlaws cruel and unusual punishment.


What amendment protects citizens against cruel unusual punishment?

The 8th amendment prohibits cruel or unusual punishments.


Where is cruel and unusual punishment outlawed?

The Eighth Amendment


What does no cruel or unusual punishment mean?

you shove your as in there face