Cruel and unusual punishment
Encyclopedia
Cruel and unusual punishment is a phrase describing criminal punishment
which is considered unacceptable due to the suffering
or humiliation
it inflicts on the condemned person. These exact words were first used in the English Bill of Rights in 1689, and later were also adopted by the Eighth Amendment to the United States Constitution
(1787) and British Slavery Amelioration Act (1798).
Very similar words ('No one shall be subjected to torture
or to cruel, inhuman or degrading treatment or punishment') appear in Article Five of the Universal Declaration of Human Rights
adopted by the United Nations General Assembly
(A/RES/217, December 10, 1948). The right, under a different formulation ('No one shall be subjected to [...] inhuman or degrading treatment or punishment.') is found in Article Three of the European Convention on Human Rights
(1950). The Canadian Charter of Rights and Freedoms
(1982) also contains this fundamental right in section 12
and it is to be found again in Article Four (quoting the European Convention verbatim) of the Charter of Fundamental Rights of the European Union
(2000). It is also found in Article 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and in Article 40 of the Constitution of Poland
.
The Constitution of the Marshall Islands
, in the sixth section of its Bill of Rights (art.2), prohibits "cruel and unusual punishment", which it defines as: the death penalty; torture; "inhuman and degrading treatment"; and "excessive fines or deprivations".
, capital punishments were often deliberately painful. Severe historical penalties include the breaking wheel
, boiling to death
, flaying
, disembowelment
, crucifixion
, impalement
, crushing, stoning
, execution by burning
, dismemberment
, sawing, scaphism
, or necklacing
.
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
which is considered unacceptable due to the suffering
Suffering
Suffering, or pain in a broad sense, is an individual's basic affective experience of unpleasantness and aversion associated with harm or threat of harm. Suffering may be qualified as physical or mental. It may come in all degrees of intensity, from mild to intolerable. Factors of duration and...
or humiliation
Humiliation
Humiliation is the abasement of pride, which creates mortification or leads to a state of being humbled or reduced to lowliness or submission. It can be brought about through bullying, intimidation, physical or mental mistreatment or trickery, or by embarrassment if a person is revealed to have...
it inflicts on the condemned person. These exact words were first used in the English Bill of Rights in 1689, and later were also adopted by the Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
(1787) and British Slavery Amelioration Act (1798).
Very similar words ('No one shall be subjected to torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
or to cruel, inhuman or degrading treatment or punishment') appear in Article Five of the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
adopted by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
(A/RES/217, December 10, 1948). The right, under a different formulation ('No one shall be subjected to [...] inhuman or degrading treatment or punishment.') is found in Article Three of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(1950). The Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
(1982) also contains this fundamental right in section 12
Section Twelve of the Canadian Charter of Rights and Freedoms
Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...
and it is to be found again in Article Four (quoting the European Convention verbatim) of the Charter of Fundamental Rights of the European Union
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
(2000). It is also found in Article 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and in Article 40 of the Constitution of Poland
Constitution of Poland
The current Constitution of Poland was adopted on 2 April 1997. Formally known as the Constitution of the Republic of Poland , it replaced the temporary amendments put into place in 1992 designed to reverse the effects of Communism, establishing the nation as "a democratic state ruled by law and...
.
The Constitution of the Marshall Islands
Marshall Islands
The Republic of the Marshall Islands , , is a Micronesian nation of atolls and islands in the middle of the Pacific Ocean, just west of the International Date Line and just north of the Equator. As of July 2011 the population was 67,182...
, in the sixth section of its Bill of Rights (art.2), prohibits "cruel and unusual punishment", which it defines as: the death penalty; torture; "inhuman and degrading treatment"; and "excessive fines or deprivations".
History
For most of recorded historyHistory of the world
The history of the world or human history is the history of humanity from the earliest times to the present, in all places on Earth, beginning with the Paleolithic Era. It excludes non-human natural history and geological history, except insofar as the natural world substantially affects human lives...
, capital punishments were often deliberately painful. Severe historical penalties include the breaking wheel
Breaking wheel
The breaking wheel, also known as the Catherine wheel or simply the wheel, was a torture device used for capital punishment in the Middle Ages and early modern times for public execution by bludgeoning to death...
, boiling to death
Boiling to death
Death by boiling is a method of execution in which a person is killed by being immersed in a boiling liquid such as water or oil. While not as common as other methods of execution, boiling to death has been used in many parts of Europe and Asia...
, flaying
Flaying
Flaying is the removal of skin from the body. Generally, an attempt is made to keep the removed portion of skin intact.-Scope:An animal may be flayed in preparation for human consumption, or for its hide or fur; this is more commonly called skinning....
, disembowelment
Disembowelment
Disembowelment is the removal of some or all of the organs of the gastrointestinal tract , usually through a horizontal incision made across the abdominal area. Disembowelment may result from an accident, but has also been used as a method of torture and execution...
, crucifixion
Crucifixion
Crucifixion is an ancient method of painful execution in which the condemned person is tied or nailed to a large wooden cross and left to hang until dead...
, impalement
Impalement
Impalement is the traumatic penetration of an organism by an elongated foreign object such as a stake, pole, or spear, and this usually implies complete perforation of the central mass of the impaled body...
, crushing, stoning
Stoning
Stoning, or lapidation, is a form of capital punishment whereby a group throws stones at a person until the person dies. No individual among the group can be identified as the one who kills the subject, yet everyone involved plainly bears some degree of moral culpability. This is in contrast to the...
, execution by burning
Execution by burning
Death by burning is death brought about by combustion. As a form of capital punishment, burning has a long history as a method in crimes such as treason, heresy, and witchcraft....
, dismemberment
Dismemberment
Dismemberment is the act of cutting, tearing, pulling, wrenching or otherwise removing, the limbs of a living thing. It may be practiced upon human beings as a form of capital punishment, as a result of a traumatic accident, or in connection with murder, suicide, or cannibalism...
, sawing, scaphism
Scaphism
Scaphism, also known as the boats, was an ancient Persian method of execution designed to inflict torturous death. The name comes from the Greek word skaphe, meaning "scooped out"....
, or necklacing
Necklacing
Necklacing is the practice of summary execution and torture carried out by forcing a rubber tyre, filled with petrol, around a victim's chest and arms, and setting it on fire...
.
See also
- Capital punishmentCapital punishmentCapital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
- Security of personSecurity of personSecurity of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly mentioned and protected by the Constitution of Canada, the Constitution of South Africa and other laws around the...
- an expanded right against less lethal conduct. - Eighth Amendment to the United States ConstitutionEighth Amendment to the United States ConstitutionThe Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
- Section Twelve of the Canadian Charter of Rights and FreedomsSection Twelve of the Canadian Charter of Rights and FreedomsSection Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...
- Prison rapePrison rapePrison rape commonly refers to the rape of inmates in prison by other inmates or prison staff.In 2001, Human Rights Watch estimated that at least 140,000 inmates had been raped while incarcerated. and there is a significant variation in the rates of prison rape by race...
, Rape and punishment
External links
- Cases in 2003
- Cases in 2002
- Cases in 2001
- Cases in 2000
- American Declaration of the Rights and Duties of Man (Approved by the Ninth International Conference of American States, Bogotá, Colombia, 1948)