Cruel And Unusual Punishment

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The constitutional prohibition against punishment that is deemed cruel and unusual

In interpreting the Constitution’s Eighth Amendment prohibition against cruel and unusual punishment, Supreme Court Justice Brenan provided four guiding principles to determine whether a particular punishment is cruel and unusual.

  1. A punishment that is so severe it is degrading to human dignity
  2. A severe punishment inflicted in an entirely arbitrary fashion
  3. A severe punishment that is clearly and totally rejected throughout society
  4. Punishment is so severe that it is patently unnecessary.

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