cruel and unusual punishment

noun

: punishment that is very harsh and too severe for the crime

The law forbids cruel and unusual punishment.

Examples of cruel and unusual punishment in a Sentence

Recent Examples on the Web

The six inmates put to death in South Carolina since the state restarted executions in September of last year had argued ahead of their deaths that the state's methods amount to cruel and unusual punishment. —Landon Mion, FOXNews.com, 18 Oct. 2025

Smithers' current attorneys most recently argued that executing an elderly person violates his constitutional protections against cruel and unusual punishment and no longer served the initial purpose of his death sentence. —Amanda Lee Myers, USA Today, 15 Oct. 2025

Around eight thousand individuals are housed in the Harris County Jail, living in harsh conditions that some argue constitute cruel and unusual punishment. —The New Yorker, New Yorker, 8 Oct. 2025

Ultimately, Congress approved 12 amendments – ensuring rights from freedom of speech to protection from cruel and unusual punishment – and sent them to the states for ratification. —Donald Nieman, The Conversation, 7 Oct. 2025

Legal Definition

cruel and unusual punishment

noun

cruel and un·​usu·​al punishment

: punishment that is offensive to the contemporary morality or jurisprudence (as by being degrading, inflicting unnecessary and intentional pain, or being disproportionate to the offense)

nor cruel and unusual punishments inflicted

—U.S. Constitution amend. VIII

see also Gregg v. Georgia compare corporal punishment, death penalty

Note: A cruel and unusual punishment is essentially one that the courts consider to violate the Eighth Amendment based on a variety of criteria. The interpretation of what constitutes cruel and unusual punishment has changed over time and has varied from jurisdiction to jurisdiction. Most forms of corporal punishment formerly used at common law have been found to be cruel and unusual punishments.