Does the Eighth Amendment prohibit cruel and unusual punishments that cannot be said to be cruel or unusual under contemporary standards of decency?
MultiRegion, United States of America
The following excerpt is from Nawabi v. Cates, Case No. 1:13-cv-00272-LJO-SAB (E.D. Cal. 2015):
Significantly, the Eighth Amendment prohibits punishments that are incompatible with "the evolving standards of decency that mark the progress of a maturing society." Estelle v. Gamble, 429 U.S. 97, 102 (1976) (citations omitted). Conditions that cannot be said to be cruel and unusual under contemporary standards of decency do not violate the Eighth Amendment. Rhodes v. Chapman, 452 U.S. 337, 347 (1981).
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