What Is Considered Cruel & Unusual Punishment?

Acts that deliberately degrade or inflict pain or injury on prisoners and punishments that are disproportionate to the crime are considered cruel and unusual punishments under the Eighth Amendment.

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What Is Cruel and Unusual Punishment?

Under the Eighth Amendment, anyone convicted of a crime is guaranteed due process. This includes prohibiting cruel and unusual punishment defined as punishment that’s deliberately degrading, a punishment that’s too severe for the crime committed, and acts of violence or torture.

In 1910, the U.S. Supreme Court acknowledged uncertainty about “what constitutes cruel and unusual punishments” under the law. The Eighth Amendment prohibits cruel and unusual punishment related to the following conditions.

Prison Conditions

The Eighth Amendment cruel and unusual punishment clause addresses a prisoner’s conditions of incarceration, stating that prison officials may not deprive inmates of “the basic necessities of life,” including shelter, food, clothing, sanitation, and necessary medical attention. The Supreme Court made the following rulings:

  • Overcrowding – The Supreme Court ruled that prison overcrowding is unconstitutional because it endangers a prisoner’s basic living conditions, health, and safety.
  • Beatings – The Supreme Court ruled that “unnecessary and wanton infliction of pain” such as malicious acts by prison guards used to punish prisoners are considered cruel and unusual punishments.

Proportionality of Sentence

The Supreme Court ruled that the sentence for a crime must not be disproportionate to the crime committed, regardless if it’s a felony or misdemeanor. Certain factors are considered to measure proportionality, such as the severity of the offense, the harshness of the penalty, sentences imposed on other offenders within the same jurisdiction, and sentences imposed on other offenders in different jurisdictions.

Under the Eighth Amendment, no particular term of years in prison is prohibited and the death penalty is not considered cruel and unusual punishment. If arrested in Minnesota, a criminal defense attorney in Minneapolis can work to reduce a harsh sentence that involves time in prison.

Prisoner’s Age

The Supreme Court considers the age of an offender when determining the constitutionality of imprisonment. There are special considerations for sentencing juvenile offenders. The court ruled that it is unconstitutional to impose a life prison sentence on juvenile non-homicide offenders and juvenile homicide offenders without the possibility of parole.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.