A punishment originally understood by the framers of the Constitution to be cruel and unusual, i.e. it inflicts torture.

(1) it measures a particular punishment against society’s standards of human decency and inhumane treatment
and
(2) it protects against penalties that are either barbaric or far too severe for the crime committed.

Contradiction: It is cruel and unsual punishment to execute someone who has committed cruel and unsual punishment on an innocent person?
(Stephens, 1993)
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