What is the scope of the cruel and unusual punishment clause of the US Constitution?
The cruel and unusual punishment clause of the US Constitution is found in the Eight Amendment and states, “Excessive defendant will appear in court when required.">bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This clause is intended to prevent cruel and unusual treatment of persons convicted of a crime. In Louisiana, the scope of the cruel and unusual punishment clause includes provisions that limit certain punishments and activities. For example, Louisiana has outlawed capital punishment for juveniles and persons with mental disabilities. In addition, Louisiana courts have declared that cruel and unusual punishment clauses protect individuals convicted of crimes from punishment that is “so disproportionate to the crime committed as shock the conscience of mankind.” This means that punishments must be both reasonable and proportional to the offense. For example, Louisiana courts have held that the cruel and unusual punishment clause prohibits a sentence of life without parole for a minor who is convicted of a non-violent offense such as theft or drug possession. This is because life without parole is an extreme and disproportionate punishment for such minor offenses. In contrast, Louisiana courts have also determined that the cruel and unusual punishment clause does not pertain to punishment that is considered “necessary for public safety,” such as the death penalty or life imprisonment for certain violent offenses. As such, the scope of the cruel and unusual punishment clause of the US Constitution in Louisiana is both limited and expansive.
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