Imprisonment During the Pandemic is Unconstitutional Cruel and Unusual Punishment
by William Cooper The Eighth Amendment to the Constitution of the United States prohibits cruel and unusual punishment. It states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Supreme Court has construed “cruel and unusual punishments” to include certain forms of torture, such as drawing and quartering. Yet the Court has allowed the death penalty—which is still legal in dozens of states—to continue, with some restrictions. In sum, the Eighth Amendment prohibits criminal punishments that are very harmful to prisoners and also rare or unprecedented. Right now, over two million inmates sit locked inside U.S. prisons, …