cruel and unusual punishment
noun | cruel and un·usu·al punishment
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: punishment that is offensive to the contemporary morality or jurisprudence (as by being degrading, inflicting unnecessary and intentional pain, or being disproportionate to the offense) nor cruel and unusual punishments inflicted —U.S. Constitution amend. VIII — see also Gregg v. Georgia — compare corporal punishment, death penalty
Note: A cruel and unusual punishment is essentially one that the courts consider to violate the Eighth Amendment based on a variety of criteria. The interpretation of what constitutes cruel and unusual punishment has changed over time and has varied from jurisdiction to jurisdiction. Most forms of corporal punishment formerly used at common law have been found to be cruel and unusual punishments.