Assertion: punishment | /r/HasProperty | cruel
Facets:
value: under the evolving standards test
type: OTHER
value: at the time of its adoption
type: TEMPORAL
value: likewise
type: MANNER
Source sentences:
text: [the sentence imposed in this case] is not, in the abstract, a punishment which is either cruel or unusual.
text: Likewise, punishments which are deemed barbarous or degrading, such as caning or tarring and feathering, may also be deemed cruel and unusual.
text: However, a defendant need not suffer actual physical injury or pain before a punishment will be declared cruel and unusual.
text: As to the method of punishment, the Eighth Amendment clearly bars punishments that were considered cruel at the time of its Adoption, such as burning at the stake, crucifixion, or breaking on the wheel (see In re Kemmler, 136 U.S. 436, 10 S. Ct. 930, 34 L. Ed. 519 ).
text: Because the amendment did not define "cruel and unusual punishment," lawmakers and courts have had to determine what punishments are cruel and unusual.
text: Rather, if the guards act maliciously and sadistically to punish the prisoner, then that punishment would be cruel and unusual, and would accordingly violate the Eighth Amendment.
text: They are, therefore, interrelated, and, in most cases, it will be their convergence that will justify the conclusion that a punishment is "cruel and unusual.
text: In this way, the United States Supreme Court "set the standard that a punishment would be cruel and unusual [if] it was too severe for the crime, [if] it was arbitrary, if it offended society's sense of justice, or if it was not more effective than a less severe penalty.
text: Originalists” advocate an alternative method of determining whether a punishment is cruel and unusual.
text: To the originalists’ dismay, public opinion is crucial in evaluating whether a punishment is cruel and unusual under the evolving standards test.
text: No universal definition exists, but any punishment that is clearly inhumane or that violates basic human dignity may be deemed "cruel and unusual.