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cruel and unusual punishment

  1. Punishment prohibited by the Eighth Amendment to the Constitution. Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed. This concept helps guarantee due process even to convicted criminals. Many people have argued that capital punishment (see also capital punishment) should be considered cruel and unusual punishment.



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The Eighth Amendment to the Constitution prohibits cruel and unusual punishment, including the denial of necessary medical care for inmates.

From Salon

The Supreme Court’s ruling also determined that the Eighth Amendment’s prohibition on cruel and unusual punishments does not protect homeless people from laws criminalizing resting in public places.

From Salon

Circuit Court of Appeals had ruled that in the absence of sufficient shelter beds, arrests for resting or sleeping on the sidewalks constituted “cruel and unusual punishment.”

Johnson that local governments’ use of civil and criminal penalties for illegally camping on public land does not constitute cruel and unusual punishment of homeless people.

Kelly’s attorney, Brindley, said in his motion that his client’s “continued incarceration while he knows his life is in jeopardy constitutes cruel and unusual punishment,” a violation of his constitutional rights.

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