Question

Cruel and unusual punishment is forbidden by the eighth amendment in the bill of rights. Think about the death penalty; does this fall into the category of cruel and unusual punishment? Why or why not? Do you think eliminating the death penalty would require an overhaul of the penal system? If so how?

Answer 1

In a nutshell, the cruel and unusual punishment clause measures a particular punishment against society's prohibition against inhuman treatment. It prevents the government from imposing a penalty that is either barbaric or far too severe for the crime committed.