Abstract
The Cruel and Unusual Punishments Clause of the Eighth Amendment to the United States Constitution is of murky philosophical genesis, has been the subject of discordant interpretation, and has an uncertain fate. Like several other provisions of the Constitution, such as the due process guarantees of the Fifth and Fourteenth Amendments, the meaning of the Cruel and Unusual Punishments Clause, as well as the standards by which alleged violations are judged, has evolved over time. Yet, notwithstanding its enigmatic nature and praxis, the clause has been an historically important source of rights for those resident in our nation's prisons.
Recommended Citation
Berger, Arthur B.
(1992)
"Wilson v. Seiter. An Unsatisfying Attempt at
Resolving the Imbroglio of Eighth Amendment
Prisoners' Rights Standards,"
Utah Law Review: Vol. 1992:
No.
2, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol1992/iss2/5