Cruel And Unusual Punishments: Tropp Vs. Far

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Justice Brennan concurred. It was argued that the cruel and unusual clause was not used properly and consistently. That the clause must evolve along side with the society and ever changing human standards. The clause prohibits “infliction of uncivilized and inhuman punishments” and the state, when punishing an individual must follow the basic human values and not exceed them (O`Brien, 1258). The punishment cannot be degrading to human beings and that pain will always be the factor in these type of punishments. The Court realized that there are other means of cruel and unusual besides death, like expatriation, and the latter also is considered to be in violation of the Constitution as described in Tropp v Dulles (1958). Even the most serious
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