It’s been ruled that a punishment needs to be BOTH cruel AND unusual, to qualify as a violation. One or the other is fine, as long as it’s not both. Scalping someone for petty theft would be okay as long as most-everyone convicted got scalped.
In this specific case, I wouldn’t call it usual and it certainly is cruel.
I would also argue that, since it is not applied evenly in any way and that only a minority of people get the death penalty, even though some people who don’t get it have committed worse crimes, it is always unusual. Usual is prison for some length of time, possibly life.
I would also add that SCOTUS found it both cruel and unusual at one point.
It’s been ruled that a punishment needs to be BOTH cruel AND unusual, to qualify as a violation. One or the other is fine, as long as it’s not both. Scalping someone for petty theft would be okay as long as most-everyone convicted got scalped.
In this specific case, I wouldn’t call it usual and it certainly is cruel.
I would also argue that, since it is not applied evenly in any way and that only a minority of people get the death penalty, even though some people who don’t get it have committed worse crimes, it is always unusual. Usual is prison for some length of time, possibly life.
I would also add that SCOTUS found it both cruel and unusual at one point.
https://en.wikipedia.org/wiki/Furman_v._Georgia
Then it was reinstated in Gregg v. Georgia because SCOTUS claimed that some states met some arbitrary criteria they didn’t actually meet.