cruel and unusual punishment

noun

: punishment that is very harsh and too severe for the crime

The law forbids cruel and unusual punishment.

Examples of cruel and unusual punishment in a Sentence

Recent Examples on the Web

Frazier and his attorneys have argued that the use of nitrogen gas is a breach of Eighth Amendment protections against cruel and unusual punishment, but the Alabama Attorney General has rejected that. —Greta Cross, USA TODAY, 6 Feb. 2025

The lawyers argued that her impending transfer to a men’s prison also would violate the U.S. Constitution’s Eighth Amendment prohibition against cruel and unusual punishment. —Reuters, NBC News, 31 Jan. 2025

In 2022, a federal judge in Illinois ordered the Bureau of Prisons to provide gender-affirming surgery for a transgender inmate after finding that denying the procedure was likely a violation of the Eighth Amendment's protections against cruel and unusual punishment. —Jaclyn Diaz, NPR, 30 Jan. 2025

The lawsuit claims that the order violates due process under the Fifth Amendment, and the Eight Amendment's rules against cruel and unusual punishment. —James Factora, Them, 29 Jan. 2025

Legal Definition

cruel and unusual punishment

noun

cruel and un·​usu·​al punishment

: punishment that is offensive to the contemporary morality or jurisprudence (as by being degrading, inflicting unnecessary and intentional pain, or being disproportionate to the offense)

nor cruel and unusual punishments inflicted

—U.S. Constitution amend. VIII

see also Gregg v. Georgia compare corporal punishment, death penalty

Note: A cruel and unusual punishment is essentially one that the courts consider to violate the Eighth Amendment based on a variety of criteria. The interpretation of what constitutes cruel and unusual punishment has changed over time and has varied from jurisdiction to jurisdiction. Most forms of corporal punishment formerly used at common law have been found to be cruel and unusual punishments.