Quote:
Originally Posted by GatorB
Which part of the Bill of Rights is violated?
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It can be regarded as Cruel and Unusual Punishment.
"Cruel and unusual punishments
The Bill of Rights in the National Archives.Main article: Cruel and unusual punishment
According to the Supreme Court, the Eighth Amendment forbids some punishments entirely, and forbids some other punishments that are excessive when compared to the crime, or compared to the competence of the perpetrator.
In Furman v. Georgia, 408 U.S. 238 (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."
The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
"A severe punishment that is obviously inflicted in wholly arbitrary fashion."
"A severe punishment that is clearly and totally rejected throughout society."
"A severe punishment that is patently unnecessary."
Continuing, he wrote that he expected that no state would pass a law obviously violating any one of these principles, so court decisions regarding the Eighth Amendment would involve a "cumulative" analysis of the implication of each of the four principles."