Is Capital Punishment ‘Cruel and Unusual’?

THE CONSTITUTIONAL MORALITY OF THE UNITED STATES: HUMAN RIGHTS AND JUDICIAL REVIEW, Forthcoming

Emory Public Law Research Paper No. 11-161

San Diego Legal Studies Paper No. 11-075

35 Pages Posted: 29 Sep 2011 Last revised: 10 Mar 2020

Date Written: September 27, 2011

Abstract

The right of every human being – every human being without exception – not to be subjected to any punishment that is “cruel, inhuman or degrading” is an international human right. A version of that right is entrenched in the constitutional law of the United States: the right of every human being – again, without exception – not to be subjected to any punishment that is “cruel and unusual”. In this paper, I inquire both whether capital punishment is “cruel, inhuman or degrading” and, next, whether capital punishment is “cruel and unusual”.

Two related papers have been posted to SSRN:

“What Is a ‘Human Right’?”, https://ssrn.com/abstract=1824662 and “The Grounds of Human Rights,” https://ssrn.com/abstract=1824667.

Suggested Citation

Perry, Michael John, Is Capital Punishment ‘Cruel and Unusual’? (September 27, 2011). THE CONSTITUTIONAL MORALITY OF THE UNITED STATES: HUMAN RIGHTS AND JUDICIAL REVIEW, Forthcoming, Emory Public Law Research Paper No. 11-161, San Diego Legal Studies Paper No. 11-075, Available at SSRN: https://ssrn.com/abstract=1934542

Michael John Perry (Contact Author)

Emory University School of Law ( email )

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404-712-2086 (Phone)

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