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"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted," thus reads the Eighth Amendment to the Constitution of the United States. The term "cruel and unusual" first appeared in the English Bill of Rights of 1689. The American draftsman who adopted the English phrasing for the Eighth Amendment were primarily concerned with proscribing tortures and other barbarous methods of punishment. For example, the medieval punishment of cutting off the hands of thieves seems to qualify as cruel and unusual punishment. While the practice of…
