Home > West's Encyclopedia of American Law > Cruel and Unusual Punishment

Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the COMMON LAW, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community.

The EIGHTH AMENDMENT to the U.S. Constitution prohibits the federal government from imposing cruel and unusual punishment for federal crimes. The amendment states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." The DUE PROCESS CLAUSE of the FOURTEENTH AMENDMENT to the U.S. Constitution bars the states from inflicting such punishment for state crimes, and most state...