I think of all the Amendments in the Constitution, the Eighth is the most poorly and unclearly-written and understood. The basic principle is clear and obvious enough, but not well expressed. I take it to mean that the punishment ought not be too much more severe than the crime for which it is imposed.
Certainly, for well after the Eighth Amendment was ratified, there are punishments that we, as a society, considered appropriate for certain crimes, which are now banned under modern interpretations of the Eighth Amendment, in many instances, to the detriment of what I take as the intent of this Amendment.
One clear example is the degree to which we have tried to require capital punishment out be carried out in as non-cruel a manner as we can devise, to the point that we've made it overly complicated, and subject to being
“botched” in such a manner that a convicted subhuman murdering piece of shit is at risk of actually experiencing some discomfort in its final moments. Fuck that. I see no reason why we should be at all concerned that a murdering subhuman piece of shit, nor any other criminal, might suffer at least as much as it caused its victims to suffer.
Really, any effective punishment is
“cruel”. If it wasn't, then it wouldn't be much of a punishment.
At this point, we are down to imprisonment, fines, and in extreme cases, death, as the only judicial punishments we have to employ. I'd very much like to see other punishments brought back or devised, that are less costly to society, less detrimental to the rehabilitatability of the offenders, and more fair.
Lock someone up in prison, who has committed one crime, and might have been saved, you destroy his life, his career, and his ability to return to society a a potentially-worthwhile citizen. Instead of locking him up in prison for months or years, how about letting him spend some weekends in a pillory or a stock, subject to great humiliation and discomfort. If he's employed, this could be done around his work schedule so that he doesn't have to have his employment adversely affected; and once he's served his time, he could go back to being as productive a citizen as he was before. Under modern interpretations of the Eighth, we cannot do this, because it's torture, because it's
“cruel and unusual”, but is it really as cruel as a long-term prison term which destroys the offender's life, family, and career?
Fines, I have a big problem with, simply because their impact on an offender is directly and inversely proportional to the offender's wealth. A relatively poor person might be financially ruined by a fine that would have no noticeable impact on a wealthy person.
Mercy to the guilty is cruelty to the innocent. — Adam Smith