The ‘Shocking Truth’ About the Electric Chair: An Analysis of the Unconstitutionality of Electrocution

By Dawn Macready / Ohio Northern University Law Review, on 1 January 2000

Cruel and unusual punishment, as prohibited by the Eighth Amendment of the United States Constitution, encompasses punishment that amounts to torture and barbarity, cruel and degrading punishment not known to the common law, and punishment so disproportionate to the offense as to shock the moral sense of the community. Thus, contained in the Eighth Amendment is a fundamental respect for humanity. For the imposition of a death sentence, the trier is constitutionally mandated to take into account the character and record of the individual offender and the circumstances of the particular offense. What constitutes cruel and unusual punishment?

  • Document type Article
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Electrocution,