Using examples, define the concept of cruel and unusual punishment

Answer 1

Students should describe more possibilities than situations involving shocking sentences for minor crimes, such as described in the Rummel case. Physical or mental abuse while incarcerated; forced hard labor; or any punishment imposed arbitrarily, without standards or guidelines, may be unconstitutional forms of punishment. Even the failure to protect a prisoner from the physical abuse of another prisoner, on a recurring basis, may violate the Constitution.
Students should conclude, as indicated in the text examples, that even severe penalties are not "cruel and unusual" within the meaning of the Constitution. Some sentences do violate the Constitution, however, such as a 10-year sentence for two obscene telephone calls, as in Wood v.
South Carolina, 483 F.2d 149 (4th Cir. 1973). But, in general, states are free to impose severe sentences. Additional examples include a 10- to 20-year sentence for statutory rape—held lawful in Hall v. McKenzie, 537 F.2d 1232 (4th Cir. 1976). In Hutto v. Davis, 454 U.S. 370, 102 S.Ct. 703 (1982) two consecutive 20-year sentences for the crime of intent to distribute and the distribution of nine ounces of marijuana was held "not cruel and unusual.".
The underlying purpose of this question is to reveal how rational persons can have diametrically different opinions. Thus, when any sentence is imposed, students should realize that many persons will disagree and be greatly disturbed. No doubt this helps explain the widespread criticism of criminal penalties and the system that imposes them.