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 Eighth Amendment. It serves as a major protection from excessively harsh punishments that can be used in criminal cases by setting limits on the punishments that can be imposed. This is important as it helps ensure that punishments do not become unwarrantedly harsh or extreme and that inmates are not subjected to cruel or inhumane treatment in the criminal justice system. In New Hampshire, the scope of the cruel and unusual punishment clause is similar to that of the federal government. The clause prevents punishments that involve torture or excessive physical or mental suffering, which are considered to be cruel and unusual. In addition, the clause prevents punishments that represent excessive fines, the infliction of corporal punishment, or the construction of a disproportionate sentence for the crime that was committed. It also prevents punishments that are considered to be barbaric, or that are excluded from civilized standards of decency. The New Hampshire Supreme Court has stated that punishments are cruel and unusual when "they are contrary to the fundamental notions of humanity and justice, entirely disproportioned to the offense, and a shocking outrage upon the common feelings of mankind". This is an important limitation that continues to ensure that sentences are not excessive or unnecessarily severe, and that inmates are not subject to cruel or inhumane treatment.
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