Assertion: punishment | /r/HasProperty | unusual
Facets:
value: under the evolving standards test
type: OTHER
Source sentences:
text: [the sentence imposed in this case] is not, in the abstract, a punishment which is either cruel or unusual.
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.