Cruel and unusual punishment

Criminal procedure
Criminal trials and convictions
Rights of the accused
Fair trial · Speedy trial Jury trial · Counsel Presumption of innocence Exclusionary rule1 Self-incrimination Double jeopardy2
Verdict
Conviction · Acquittal Not proven3 Directed verdict
Sentencing
Mandatory · Suspended Custodial Dangerous offender4, 5 Capital punishment Execution warrant Cruel and unusual punishment Life · Indefinite
Post-sentencing
Parole · Probation Tariff6 · Life licence6 Miscarriage of justice Exoneration · Pardon Sexually violent predator legislation1
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure
Portals
Law · Criminal justice
1 US courts. 2 Not in English/Welsh courts. 3 Scottish courts. 4 English/Welsh courts. 5 Canadian courts. 6 UK courts.
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Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person. These exact words were first used in the English Bill of Rights in 1689, and later were also adopted by the Eighth Amendment to the United States Constitution (1787) and British Slavery Amelioration Act (1798).

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 right, under a different formulation ('No one shall be subjected to [...] inhuman or degrading treatment or punishment.') is found in Article Three of the European Convention on Human Rights (1950). The Canadian Charter of Rights and Freedoms (1982) also contains this fundamental right in section 12 and it is to be found again in Article Four (quoting the European Convention verbatim) of the Charter of Fundamental Rights of the European Union (2000). It is also found in Article 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and in Article 40 of the Constitution of Poland.^[1]

The Constitution of the Marshall Islands, in the sixth section of its Bill of Rights (art.2), prohibits "cruel and unusual punishment", which it defines as: the death penalty; torture; "inhuman and degrading treatment"; and "excessive fines or deprivations".^[2]

History

For most of recorded history, capital punishments were often deliberately painful. Severe historical penalties include the breaking wheel, boiling to death, flaying, disembowelment, crucifixion, impalement, crushing, stoning, execution by burning, dismemberment, sawing, scaphism, or necklacing.^[3]

See also

• Capital punishment
• Security of person - an expanded right against less lethal conduct.^[4]
• Eighth Amendment to the United States Constitution
• Section Twelve of the Canadian Charter of Rights and Freedoms
• Prison rape, Rape and punishment

Notes

1. ^ Constitution of Poland, Chapter 2
2. ^ Constitution of the Marshall Islands, art.II, s.6
3. ^ Revenge Is the Mother of Invention
4. ^ Rhona K.M. Smith, Textbook on International Human Rights, second edition, Oxford University Press, 2005, p. 245.

References

• History of the Death Penalty

External links

• Cases in 2003
• Cases in 2002
• Cases in 2001
• Cases in 2000
• American Declaration of the Rights and Duties of Man (Approved by the Ninth International Conference of American States, Bogotá, Colombia, 1948)