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[deleted] t1_is4vevj wrote

It definitely fits for the definition of “cruel and unusual punishment”.

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Balmung60 t1_is5prv4 wrote

It should, but the SCOTUS doesn't even try to test for "cruel" and tests "unusual" entirely by "what proportion of states permit the punishment". Which of course has the entirely intended effect of letting a wide variety of needlessly cruel punishments stand.

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