Does the cruel and unusual punishment clause apply until after the conviction and sentence of a convicted criminal?

MultiRegion, United States of America

The following excerpt is from Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019):

4 Judge Friendly also expressed "considerable doubt that the cruel and unusual punishment clause is properly applicable at all until after conviction and sentence." Johnson v. Glick , 481 F.2d 1028, 1032 (2d Cir. 1973).

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