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Cruel and unusual punishment is unconstitutional. But it's normal in U.S. prisons. The 8th Amendment bans cruel and unusual punishment. Yet it happens every day in prisons across the country. Putting aside capital punishment, which I would argue is cruel and unusual on its face, Americans are ignoring a host of horrific conditions that inmates are subjected to. This is not only... The 8th Amendment bans cruel and unusual punishment. Yet it happens every day in prisons across the country. Putting aside capital punishment, which I would argue is cruel and unusual on its face, Americans are ignoring a host of horrific conditions that inmates are subjected to.
ment and that the Framers intended âcruel and unusualâ to refer to. certain methods of punishment. This Note insists, however, that one cannot effectively discuss the. Eighth Amendment in terms of original intent without examining the. word that follows âcruel and unusualâ in the constitutional text. The system of âpunishmentsâ that existed at the time of the Founding was fundamentally different from that which exists today.8 The Cruel and Unusual Punishments Clause was written in the context of a system that relied to a large extent on public participation in punishments.