Cruel and unusual punishment
The United States Constitution (1787) states, in the Bill of Rights, that the government shall not inflict cruel and unusual punishment for crimes. These exact words appeared in the English Bill of Rights signed in 1689 by William of Orange and Queen Mary II who were then the joint rulers of England following the 'Glorious Revolution' of 1688. Very similar words ('No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment') appear in Article Five of the Universal Declaration of Human Rights adopted by the United Nations General Assembly (A/RES/217, December 10, 1948). The Canadian Charter of Rights and Freedoms also contains this fundamental right at article twelve and and it is to be found again in the Charter of Fundamental Rights of the European Union.
What these words mean in practice is the subject of much legal argument. In the United States of America, for example, there has not, in all states, been the prohibition of the death penalty, or of execution by electrocution, which many people consider to a cruel and unusual punishment. However, there have been some cases which have resulted in the prohibition of the death penalty in certain circumstances, such as the execution of a minor, or of a mentally handicapped person. In the European Union, on the other hand, prohibition of the death penalty has been made a fundamental condition which must be passed into the law of states hoping to join.
Some people believe that mandatory minimum sentences may constitute cruel and unusual punishment in some cases. In the United States, arguments of this type have generally been rejected by the United States Supreme Court.
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Referenced By
Eighth Amendment to the United States Constitution | Human rights abuse | United States Constitution/Amendment Eight
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