Throughline

We The People: Cruel and Unusual Punishment

35 snips
Jan 23, 2025
Delve into the meaning of cruel and unusual punishment as defined by the Eighth Amendment. Discover the historical roots of this principle, from King James II's reign to Enlightenment thinkers. Explore the complex legacy of landmark cases like Furman v. Georgia, which reshaped the conversation around the death penalty. Engage with debates on evolving standards of decency and the impact of societal changes on justice. The podcast challenges listeners to rethink the boundaries of human rights and the political landscape of punishment.
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ANECDOTE

Wilkerson's Case

  • In 1877, Wallace Wilkerson killed William Baxter in Utah after a card game argument.
  • Wilkerson was sentenced to death by firing squad, a method challenged in the Supreme Court.
INSIGHT

Cruel and Unusual?

  • The Eighth Amendment prohibits "cruel and unusual punishments," but its meaning is open to interpretation.
  • Early interpretations focused on torture, excluding methods like firing squads due to their wartime use.
ANECDOTE

Bloody Assizes

  • In 1685, after the Monmouth Rebellion, King James II ordered brutal punishments, including drawing and quartering.
  • This led to the English Bill of Rights in 1689, influencing the Eighth Amendment.
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