How has the Supreme Court interpreted the prohibition on cruel and unusual punishment?
In Washington, the Supreme Court interprets the prohibition on cruel and unusual punishment established in the Eighth Amendment to the United States Constitution as applying to state laws and public officials, as well as federal laws and officials. This means that government actions that are considered to be excessive, disproportionate, or arbitrary cannot be used as punishment for criminal offenses. When determining whether or not a punishment is cruel and unusual, the Supreme Court looks at a variety of factors including the type of crime committed, the severity of the punishment relative to the offense, and the general consensus of public opinion. The Supreme Court has held that death sentences should generally not be imposed on juveniles or the mentally disabled as they are considered to be too vulnerable and their punishments too harsh. The Supreme Court has also ruled that prisoners should not be subject to cruel and unusual punishment in prison, including conditions of confinement that are deemed to be inhumane. The Supreme Court has also found that execution of people who are intellectually disabled or mentally ill, or the imposition of a sentence of life without parole on a juvenile offender after a non-homicide crime, is unconstitutional. Finally, the Supreme Court has determined that certain types of punishment, such as flogging, electric shock, and water boarding, are cruel and unusual and therefore, unconstitutional.
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