Eighth Amendment to the United States Constitution
The phrase "cruel and unusual punishments" was first used in 1789 in the English Bill of Rights. In 1776, George Mason added it to the Virginia Declaration of Rights. In 1791, this same prohibition became the central part of the Eighth Amendment. Patrick Henry was among those who argued that prohibiting cruel and unusual punishment should be part of the Bill of Rights. Otherwise the new federal government could use torture to get confessions. Torture was still being used at the time by Spain, France and Germany. The United States should not follow their example. Because of these arguments this was added to the Eighth Amendment. Very few would disagree that the use of rack, thumbscrews or the gibbet are cruel and unusual punishments and clearly violate the Eighth Amendment. But past that point it becomes controversial as to what is and what is not cruel and unusual punishment.