Questions tagged [eighth-amendment]

The Eighth Amendment to the U.S. Constitution, which addresses excessive bail and cruel and unusual punishments.

Filter by
Sorted by
Tagged with
1
vote
3answers
93 views

Does torture violate the US Federal Constitution, and if so under which theory?

We all know about the tortures that took place at Abu Ghraib prison. However, Justice Scalia explains to us that torture does not offend the US Federal Constitution. As Justice Scalia explained to us, ...
4
votes
5answers
3k views

Can I be subjected to physical punishment by the police in the US as long as it is outside criminal proceeding?

In Ingraham v. Wright, the US Federal Supreme Court ruled that it had "limited the application of the Eighth Amendment’s cruel and unusual language to criminal punishment". Can I be ...
3
votes
1answer
109 views

What does the US Constitution's Eighth Amendment mean by "punishment?"

Historically, the word "punishment" in the Eighth Amendment refers to sentences imposed by a court after a defendant has been found guilty of a crime. However, it seems to me that actions ...
3
votes
2answers
162 views

Is cruel and usual punishment constitutional?

The U.S. Constitution’s bill of rights prohibits “cruel and unusual punishment”. I am asking about a catch: cruel and usual punishment. If a punishment were determined to be cruel but is commonplace ...
0
votes
1answer
111 views

Does originalism address how to amend the Constitution for changing values?

Originalism is a method for interpreting law by enforcing what the text meant to the people who originally wrote it. Following originalism rights are adjusted to the current values of people by ...