Research Paper CRJ 551

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Philosophy

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Apr 3, 2024

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Cruel and Unusual Punishment Kellye Diaz Professor Coviello CRJ 551 March 22, y Abstract CRUEL AND UNUSUAL PUNISHMENT Diaz 1

The Eighth Amendment of the United States Constitution protects people who have been con- victed of a crime from being punished in a cruel or unusual manner. The topic of cruel and un- usual punishment is controversial and there have been many litigations and legal research in- volved. There are many differing opinions on what is considered cruel and unusual when it comes to the punishment of those charged and convicted with a crime. The purpose of this paper is to examine the history of cruel and unusual punishment, to help identify what punishments may be considered cruel and unusual, and examine the current laws and guidelines that are in place to protect individuals charged and convicted with a crime. We will also examine a few of the United States Supreme Court cases that have helped to protect the rights of those individuals charged with a crime to ensure whatever punishment they receive is not one that would be con- sidered cruel and unusual. Introduction The United States accounts for roughly only five percent of the worlds population how- ever it also accounts for about twenty-five percent of the worlds prison population. This is partly due to the fact that the United States has harsher laws and tougher punishments then some of the CRUEL AND UNUSUAL PUNISHMENT Diaz 2

other countries throughout the world. As the years have gone on and crime rates started to rise, the “tough on crime” policies were enacted making these laws and punishments harsher then they once were. As the population in the United States prisons continues to grow, the treatment of prisoners has also changed. It has become normal practice to use devices like a stun belt or a restraint chair, some of which can cause pain to the prisoner. At one time the use of devices like this would have been considered inhumane (Cusac, 2009). So it begs the question as the whether this type of treatment could be considered cruel and unusual and therefor a violation of the Eighth Amendment of the Constitution. The Eighth Amendment to the United States Constitution was ratified in 1791. The amendments states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment provides protection to the citizens of the United States by prohibiting the federal government from imposing excessively barbarous penalties on criminal defendants. This law is what is known as the Cruel and Unusual Punish- ments Clause. This clause is one of the most important parts of the Eighth Amendment but can also be considered controversial. Determining what is considered cruel and unusual is not an easy task as some people may have a different interpretation or varying opinions of what is con- sidered cruel and unusual (Interpretation: The Eighth Amendment | Constitution Center, n.d.). Making determinations and decisions on what is considered cruel or unusual has become the re- sponsibility of American judges (Bessler J. D., 2018). Depriving a person of their rights is a pun- ishment that could be considered cruel and and unusual so when it comes to the punishment of individuals that have been charged with a crime it is important to ensure that they have the abil- ity to work on their personal development for their mind, body, and spirit so that they are able to CRUEL AND UNUSUAL PUNISHMENT Diaz 3

live a balanced life just like any other citizen would (Mission, Values, and Identity | Saint Leo University, n.d.). What Is Cruel and Unusual Punishment There have been many litigations, legal research, and controversies around cruel and un- usual punishments, likely due to the fact that defining what is considered a cruel or unusual pun- ishment is not clearly spelled out. Even the justices of the U.S. Supreme Court have differing opinions and views on what is considered cruel or unusual. According to Bessler, Supreme Court Justice Potter Stewart highlighted in 1972 that "death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual” while Justice William O. Douglas in- ferred that "the death penalty inflicted on one defendant is 'unusual' if it discriminates against him by reason of his race, religion, wealth, social position, or class, or if it is imposed under a procedure that gives room for the play of such prejudices” (2018). However, Supreme Courts Justice Scalia’s opinion is that something is unusual if it something this is considered uncommon or is not of regular practice. The U.S. Supreme Court currently uses what is known as the “evolv- ing standards of decency test” to assess the constitutionality of a punishment while they also re- serve the right to make the final decision and judgement in the case (Bessler J. D., 2018). Some researchers argue that a matter-of-fact approach should be taken when it comes to the “unusual” in cruel and unusual punishments. For example, say that there are 300 million peo- ple living in a number of states that say that one type of punishment is prohibited but there are 50 million people in others states that regularly practice this same type of punishment, then this pun- ishment should be considered unusual since the majority of Americans do not experience it (Bessler J. D., 2018). Sentencing Laws CRUEL AND UNUSUAL PUNISHMENT Diaz 4

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