Cruel and unusual punishment is excessive or cruel punishment given society’s standards. It has evolved as social norms change and can be appealed. The concept is seen in the English Bill of Rights and is enshrined in the US Constitution. Torture, barbaric punishments, and extreme forms of execution are considered cruel and unusual. Psychological abuse and unreasonable convictions also qualify. As social standards change, so does the definition.
Cruel and unusual punishment is punishment that is excessive, given the crime, or cruel, given society’s standards. The standard for what makes punishment cruel and unusual has evolved considerably and continues to evolve as social norms and morals change. Persons convicted or subjected to this type of punishment can appeal on the grounds that they have not received fair treatment in the legal system. Appeals reaching the country’s highest court may set new precedents that will shape the approach to sentencing in the future.
The concept of outlawing cruel and unusual punishments can be seen in the English Bill of Rights, written in 1689. This idea was adopted by many English colonies and can be seen enshrined in the US Constitution in the Eighth Amendment, as well as in charters by the United Nations and the European Union. The widespread adoption of legal language that specifically prohibits cruel and unusual punishments demonstrates that many people and their governments believe that unreasonable criminal practices violate human rights and common decency.
Torture is a cruel and unusual form of punishment. Similarly, punishments deemed barbaric or degrading, such as flogging or tar and plumage, may also be considered cruel and unusual. Capital punishment has been a subject of controversy, with some countries believing it to be inhumane while others do not, but it is generally agreed that extreme forms of execution, such as burning at the stake, stoning and crucifixion are cruel and unusual. There is also debate about what kinds of cases merit the death penalty; some countries execute people for drug offenses or rape, for example, while others limit the death penalty to cases of murder.
Physical abuse isn’t necessary to meet the standard of cruel and unusual punishment. Psychological abuse of detainees is considered one form, as are unreasonable convictions of someone’s crime. A person receiving a life sentence for stealing a crate of oranges, for example, may argue that it is a cruel and unusual punishment and appeal for a change of sentence.
As social standards change, so does the definition of cruel and unusual punishment. At one time, for example, many nations treated teenagers as adults in the eyes of the law. Actions such as the execution of 16-year-olds are now considered cruel and unusual. Similarly, practices such as cutting off hands and ears or branding people in punishment for theft were once acceptable, and this is no longer the case in most places.
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