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

For example, the court ruled in 2005 that imposing the death penalty on a youth under age 18 was cruel and unusual punishment. —David G. Savage, Los Angeles Times, 18 Apr. 2024

This spring, the U.S. Supreme Court will rule on whether clearing encampments when there is no shelter available violates the Constitution’s ban on cruel and unusual punishment. —Calmatters, The Mercury News, 16 Apr. 2024

On May 24, 2023, Makos was sentenced to two years and six months in prison on a charge of conspiring with others to deprive inmates of their right not to be subjected to cruel and unusual punishment, the attorney’s office said in a news release issued that day. —Julia Marnin, Miami Herald, 27 Feb. 2024

The Supreme Court on Friday agreed to decide whether cities may ticket people who are homeless and sleeping on public property, or whether that is a cruel and unusual punishment that violates the Constitution. —John Fritze, USA TODAY, 12 Jan. 2024

Related article Supreme Court to look at whether some laws on homeless encampments amount to cruel and unusual punishment Glied pointed to at least 57 health systems and 917 hospitals around the country that have launched social service initiatives, with most focusing on housing. —Angela Hart, CNN, 5 Feb. 2024

Smith’s lawyers told the justices that the state’s attempt to carry out the execution a second time amounted to cruel and unusual punishment in violation of the U.S. Constitution. —Kim Bellware, Washington Post, 24 Jan. 2024

Along with state law, federal law has long said ignoring the needs of someone incarcerated amounts to a violation of the Eighth Amendment, which prohibits cruel and unusual punishment. —Ryan Oehrli, Charlotte Observer, 20 Feb. 2024

His lawyers argued nitrogen hypoxia as a form of execution could violate the constitutional ban on cruel and unusual punishment. —USA TODAY, 26 Jan. 2024

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.