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THE WIKI CREED
For I testify unto every man that heareth the words of the prophecy of this book,
If any man shall add unto these things, God shall add unto him the plagues that are written in this book;
and if any man shall take away from the words of the book of this prophecy, God shall take away his part out of the book of life
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Today's Featured Article - Cruel and unusual punishment
Cruel and unusual punishment is a platitude found in the Eighth Amendment to the U.S. Constitution. The Amendment, like the rest of the Bill of Rights, was written to ensure that the new American nation would not suffer from the excesses of the former English overlords, such as drawing-and-quartering, death by torture (no matter how entertaining it was to contemplate it being done to Mel Gibson in Braveheart), or repeats of Mr. Bean.
That the Founding Founders in the execution-happy colonies would have written an amendment to ban executions entirely is so unthinkable that it has taken the finest minds in the United States to explain why it means exactly this.
Most uses of the Eighth Amendment in the U.S. court system therefore concern executions, the exception being the rare lawsuit to demand premium cable channels on prison televisions. In fact, no prisoner has ever been drawn-and-quartered or tortured in the United States at all. And slavery, the Alternative Minimum Tax, and Instant Replay in Major League Baseball are technically not even "punishments."
The Supreme Court, then, has had the task of understanding what the Founders could have meant by writing an Amendment that, on the surface, seems meaningless. In the American renaissance called the Great Society, it first occurred to the Court that the death penalty itself could be "cruel and unusual punishment."
As in most things, the Court advanced this "jurisprudence" gradually, first saving from execution only:
Recently featured: Cruel and unusual punishment
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