Running head: Defining Cruel and Unusual Punishment 1

Defining Cruel and Unusual Punishment in Terms of the Death Penalty

Lauren Kiosterud

Arizona State University

Defining Cruel and Unusual Punishment 2

Abstract (Topic Proposal)

This project argues the definition of “cruel and unusual punishment” from the 8th

Amendment of the Constitution in terms of Capital Punishment within the United States. This

topic has found to be of great interest among the American population. The Constitution can be

very subjective, and people can interpret it in different ways and this essay will form a definition

of what “cruel and unusual punishment” is supposed to mean, based off of the Founding Fathers’

definition and how it is widely used and interpreted today. Different scholarly opinions will be

examined to form a consensus on a definition that satisfies many different beliefs.

Defining Cruel and Unusual Punishment 3

References

Cruel and Unusual Punishment: Death Penalty Cases: Furman v. Georgia, Jackson v. Georgia,

Branch v. Texas, 408 U.S. 238 (1972), 63 J. Crim. L. Criminology & Police Sci. 484

(1972). Retrieved from

https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5815&conte

xt=jclc

Summary: The Journal of Criminal Law and Criminology’s piece on the 8th Amendment

in comparison to three major Supreme Court cases really builds on how this definition is used

today. Each of the men sentenced to death had committed horrendous crimes, one murder and

the other two were committed for rape. The purpose of this paper was to inform and attempt to

understand and define “cruel and unusual punishment”.

Evaluation: This piece is very persuasive and very informative while giving a lot of facts

behind the Supreme Court cases. The Supreme Court follows the Constitution and is put in place

to further understand the specifics that aren’t clearly outlined in the Constitution. This

information given can be used as examples of how this definition was formed over time.

Reflection: The Supreme Court admitted that “cruel and unusual punishment” is hard to

define. They ruled that beheading is cruel, but electrocution is not. There are many specifics that

must be evaluated to determine an overall definition for “cruel and unusual punishment”.

Death penalty. (n.d). Cornell Law School. Retrieved from

https://www.law.cornell.edu/wex/death_penalty
Defining Cruel and Unusual Punishment 4

Summary: Cornell Law School states that the Supreme Court has ruled that the death

penalty does not violate the 8th Amendment of the U.S. Constitution, however it does depict

when and how it is acceptable. The Supreme Court has also determined that the punishment must

be proportional to the crime committed. The author gives many examples of precedent cases that

set the example of specific crimes and what punishment best fits. The article also discusses the

methods of execution and the classes of people exempted. The purpose of this article is to inform

the audience about the death penalty and the means it is carried out.

Evaluation: This paper is very informative from a very reliable source, a well-known law

school. It is useful to give background information and specific cases that have aided in building

the definition of “cruel and unusual punishment”. This information also is helpful within the

paper to determine this definition using history and the highest court’s rulings.

Reflection: I have learned many specific cases that can aid in the study of this topic as

well as history behind how this definition has been built today. There are also resources to all of

the different cases mentioned for further detail and Supreme Court explanation which can further

build the argument.

Greenemeier, L. (2010). Cruel and unusual?: Is capital punishment by lethal injection quick and

painless? Scientific American. Retrieved from

https://www.scientificamerican.com/article/capital-punishment-by-lethal-injection/

Summary: Author Larry Greenemeier writes about the method by which Capital

Punishment is executed in the United States. He gives plenty of background on how the method

was determined and what is used around the United States. His article seemed informative, but

definitely had some underlying biased against Capital Punishment within the U.S.
Defining Cruel and Unusual Punishment 5

Evaluation: The information given is very persuasive, saying that the improper use of the

lethal drugs can lead to a lot of pain and suffering which is commonly considered to be cruel

punishment. He gives an example of a man from Phoenix, Arizona, who committed murder.

Reflection: I learned a lot about this method of execution as it is dangerous and could

potentially lead to a lot of pain. Some people believe that any method of execution is deemed

necessary for those who commit horrible crimes, but the overall consensus is that suffering is

cruel punishment.

What is cruel and unusual punishment. (1910). Harvard Law Review, 24(1), 54-56.

doi:10.2307/1324654. Retrieved from

http://www.jstor.org.ezproxy1.lib.asu.edu/stable/1324654?sid=primo&origin=crossref

Summary: This article created by Harvard Law discusses the variety of views on cruel

and unusual punishment. It also defines the differences between “cruel” and “unusual” and gives

examples of each. The intent of this journal is to educate, but there are a few biased terms that

can lean toward persuasion. However, the review was created to educate but may be bias due to

the specific school and their beliefs.

Evaluation: The review was very informative about forming beliefs as well as giving

examples of the different definitions presented throughout this argument. There is also some

history based off of legal background. This is helpful within the essay because I can formulate

how the definition is used today and understand where it came from.

Reflection: The article discusses assigning punishments that fit the crime while also

keeping the 8th Amendment in mind. As well as giving the specifics in determining if a
Defining Cruel and Unusual Punishment 6

punishment is cruel or unusual by examining the degree of punishment and the magnitude of the

crime.