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Criminal Procedure

Cruel and Unusual Punishment

Cruel and Unusual Punishment

Learn about the constitutional prohibition on certain forms of punishment.


Cruel and Unusual Punishment

This lesson will cover the Eighth Amendment’s prohibition of cruel and unusual punishment. The United States Supreme Court has applied this constitutional provision in different ways, including by limiting the type of sentence imposed and by restricting the manner in which an otherwise lawful sentence is implemented.

I. Limits on the Type of Sentence Imposed

The Eighth Amendment’s limitations on the type of punishment imposed differ depending on whether the sentence...