Throughline

We the People: Cruel and Unusual Punishment

Aug 7, 2025
Carol Steiker and John Bessler, experts on capital punishment, dive deep into the complexities of the Eighth Amendment. They explore what defines cruel and unusual punishment and discuss its historical roots, including significant figures like Cesare Beccaria. The conversation touches on legal challenges surrounding specific cases, particularly the infamous firing squad execution. Racial disparities in the death penalty and landmark rulings like Furman v. Georgia highlight the ongoing moral debates surrounding justice and punishment in America.
Ask episode
AI Snips
Chapters
Books
Transcript
Episode notes
ANECDOTE

Wilkerson's Firing Squad Execution

  • Wallace Wilkerson was sentenced to death by firing squad in Utah Territory in 1877.
  • His execution took 27 minutes to result in death, illustrating early debates on cruel and unusual punishment.
INSIGHT

Eighth Amendment's Early Interpretation

  • The Eighth Amendment's prohibition of cruel and unusual punishment was initially unclear but primarily aimed to outlaw torture.
  • The Supreme Court ruled firing squads were not cruel and unusual due to their wartime military use.
INSIGHT

Bloody Assizes to Democracy Shift

  • The Bloody Assizes and King James II's harsh punishments spurred England's shift towards democracy.
  • The English Bill of Rights influenced America's adoption of prohibitions against cruel and unusual punishments.
Get the Snipd Podcast app to discover more snips from this episode
Get the app