NCJ Number
30172
Date Published
1975
Length
267 pages
Annotation
AN EXAMINATION OF THE VARIOUS FORMS OF PUNISHMENT, SUCH AS CORPOREAL AND INCORPOREAL PUNISHMENT OR IMPRISONMENT, AND THE CHALLENGES TO THESE PUNISHMENTS BASED ON THE CONSTITUTIONAL BANS ON CRUEL AND UNUSUAL PUNISHMENT.
Abstract
THE AUTHOR FIRST PROVIDES AN HISTORICAL OVERVIEW OF THE ORIGINS, EVOLUTION, AND APPLICATIONS OF THE CONCEPT OF CRUEL AND UNUSUAL PUNISHMENT FROM THE ENGLISH ANTICEDENTS TO THE RECENT U.S. SUPREME COURT DECISION IN FURMAN V. GEORGIA. LEGISLATIVE ACTION AND JUDICIAL SENTENCING ARE THEN EXAMINED WITH RESPECT TO CRUEL AND UNUSUAL PUNISHMENT. CHALLENGES TO CORPOREAL PUNISHMENTS BASED ON THE METHODS OF INFLICTING THE DEATH PENALTY, EXCESSIVENESS OF THE DEATH PENALTY, AND THE CONSTITUTIONALITY OF THE DEATH PENALTY PER SE ARE DISCUSSED. THE DOCTRINE OF EXCESSIVENESS IS EXAMINED, AND CHALLENGES TO VARIOUS INCORPOREAL PUNISHMENTS BASED ON THIS DOCTRINE ARE REVIEWED. THE CONSTITUTIONALITY OF SUCH PUNISHMENTS IS WHIPPING, STERILIZATION, DEPORTATION, BANISHMENT, AND EXPATRIATION IS CONSIDERED AS WELL. THE APPLICATION OF THE CONSTITUTIONAL PROHIBITION OF CRUEL AND UNUSUAL PUNISHMENT TO PRISON RULES AND PRACTICES AND TO THE PRISON ENVIRONMENT AS A WHOLE IS EXPLORED IN THE FINAL SECTION.