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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.
We begin our discussion of the Eighth Amendment with the best known clause: the prohibition of âcruel and unusual punishment,â which opponents of capital punishment have cited over the past half century as proof that the execution of prisoners for murder or any severe crime is not constitutional.