Cruel and Unusual
Punishment
What Does That Mean??
Was the malfunctioning
electric chair cruel and
unusual?
No!
The Constitution protects against a cruel
method of execution. Just because an
accident happened the first time does
not make the method cruel. Nobody
intended to cause the prisoner to suffer
unnecessary pain.
Louisiana ex. rel. Francis v. Resweber
Was the wooden paddle cruel
and unusual?
No!
The 8th Amendment protection from cruel
and unusual punishment is limited to
punishment for crimes. Unlike prisons,
schools are open to the public. Unlike
prisoners, students have friends and
teachers who see what is going on.
No!
If a school goes to far in punishing a student,
it could be sued, or the teacher could face
criminal charges. There is no need for 8th
Amendment protection in schools.
Ingraham v. Wright
Was not doing an X-Ray cruel
and unusual?
No!
It is cruel and unusual punishment if a
prison purposely ignores a prisoner’s
serious injury or illness, because that would
inflict unnecessary suffering and pain. In
this case, the prisoner saw the doctor many
times. He was treated for his back injury as
well as other medical problems. It may
have been bad medical judgment for the
doctor not to perform an X-ray, but that is
not cruel and unusual punishment.
Estelle v. Gamble
Was it cruel and unusual for
the judge to give the death
penalty without looking at the
boy’s troubled past?
yes!
Before sentencing someone to death
for a crime, it is important to make
sure that death is the appropriate
punishment. A judge cannot refuse to
consider special circumstances that
would affect whether the death
penalty is an appropriate punishment
for the crime.
Eddings v. Oklahoma
Was it cruel and unusual for the
state law to allow the death
penalty but prohibit looking at
special circumstances?
yes!
Before sentencing someone to death for
a crime, it is important to make sure that
death is the appropriate punishment.
There cannot be a law that stops the
judge from considering special
circumstances that affect whether the
death penalty is appropriate for the
crime.
Bell v. Ohio
Was it cruel and unusual to
give the death penalty to
someone under 18?
yes!
A person under the age of 18 deserves less
punishment than an adult. Teenagers are
less experienced, less disciplined, and more
vulnerable than adults. They respond more
to peer pressure, and they have more
potential to grow and change. It is cruel and
unusual punishment to give the death
penalty to a person under 18.
Roper v. Simmons
Was beating up the prisoner
cruel and unusual if the
injuries were not serious?
yes!
Prison guards may have to use force to
keep order, but they are not allowed to
hurt prisoners on purpose. If prison
guards maliciously use force to cause
harm, they violate the 8th Amendment. It
doesn’t matter whether the prisoner’s
injuries are serious or not.
Hudson v. McMillian
Is second-hand smoke
cruel and unusual?
MAYBE!
(But not in this case)
Prison officials may not ignore a
condition that could lead to serious
health problems. If a prisoner was locked
in his cell with a heavy smoker against
his will, that could violate the 8th
amendment. In this case, the prisoner
was no longer in a cell with a heavy
smoker. Also, the prison had a policy to
respect the wishes of non-smokers.
Helling v. McKinney