The Eighth Amendment prohibits cruel and unusual punishment.However, the Constitution does not give more guidance than that andthe Eighth Amendment does not define either "cruel" or "unusual." Rather we have left it up to the courts togive us guidance regarding the prohibition on cruel and unusual punishment.

The court has looked at many factors, including (but certainly not limited to):

Proportionality of Sentence - in 1983the U.S. Supreme Court has held that asentencemay not be disproportionate to the crime committed.

Age - In 2012, the U.S. Supreme Court considered the age of a juvenile defendant when determining the constitutionality of imprisonment - holding that for juvenile offenders, it is unconstitutional for a court to assign life imprisonment without parole, even for homicide.

Infliction of Pain - In a 1977 prison beating case,the U.S. Supreme Court stated that the "unnecessary and wanton infliction of pain" constitutes cruel and unusual punishment. However, in 1986, the Court stated that action that may seem like an unconstitutional "unnecessary and wanton infliction of pain" may be constitutional, if the infliction of pain is done in a good-faith effort to restore discipline, rather than done maliciously to cause harm.

Prison overcrowding - in 2011, the U.S. Supreme Courtheld that prison overcrowding in California was unconstitutional because the living conditions resulted in medical care violations. The Court reasoned that prisoners would suffer and could die if overcrowding resulted in prisoners not receiving adequate medical care.

Initial Discussion Post

Consider the following questions:

1. What types of punishment, other than the death penalty, would be considered cruel and unusual now that were not in the past? Explain your answer.
2. Should the death penalty be considered cruel and unusual punishment? Explain your answer.