It should, but the SCOTUS doesn't even try to test for "cruel" and tests "unusual" entirely by "what proportion of states permit the punishment". Which of course has the entirely intended effect of letting a wide variety of needlessly cruel punishments stand.
Balmung60 t1_is5prv4 wrote
Reply to comment by [deleted] in Prison inmate accused of orchestrating $11M fraud using cell cellphone by Sorin61
It should, but the SCOTUS doesn't even try to test for "cruel" and tests "unusual" entirely by "what proportion of states permit the punishment". Which of course has the entirely intended effect of letting a wide variety of needlessly cruel punishments stand.