Throughline: We the People – Cruel and Unusual Punishment

Hosts: Rund Abdelfattah and Ramtin Arablouei
Release Date: August 7, 2025
Description: Throughline delves deep into historical and contemporary issues that shape our world. In this episode, the hosts explore the evolution and interpretation of the Eighth Amendment’s prohibition of "cruel and unusual punishments," examining its roots, legal battles, and ongoing debates in the United States.

Introduction to the Eighth Amendment and Historical Context

The episode begins by setting the stage in Utah, 1877, where Wallace Wilkerson is sentenced to death by a firing squad after being convicted of murder. This case serves as a springboard to discuss the origins and interpretations of the Eighth Amendment.

Carol Steiker, a Harvard Law School professor, explains:

“In Utah, a federal territory settled by Mormons, Brigham Young advocated for blood atonement, favoring executions that caused the condemned to bleed, such as firing squads, over methods like hanging” (01:50).

When Wilkerson's sentence is challenged all the way to the U.S. Supreme Court, the central question arises: Does the use of a firing squad constitute cruel and unusual punishment under the Eighth Amendment?

Carol Steiker elaborates on the Supreme Court's stance:

“The court determined that a firing squad does not amount to torture or unnecessary cruelty, referencing its historical use during wartime for punishing deserters” (02:34).

Ultimately, Wilkerson's execution proceeds, and the firing squad remains a legal method of execution in five states nearly 150 years later.

Defining "Cruel and Unusual Punishment"

Rund Abdelfattah delves into the origins of the term "cruel and unusual punishments," highlighting its adoption from English jurisprudence aimed at preventing tyrannical government actions.

Carol Steiker provides the original Eighth Amendment text:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (02:06).

She further explains:

“The term was ambiguous at the time of its adoption, primarily understood to exclude torturous punishments like drawing and quartering or burning at the stake” (02:34).

However, the Supreme Court in Wilkerson's time acknowledged the term's vagueness but did not extend its prohibition to the firing squad, indicating the evolving nature of its interpretation (02:34).

Historical Influences: The Bloody Assizes and the Enlightenment

Rund and Ramtin narrate the aftermath of the Bloody Assizes under King James II of England, where severe punishments were meted out to rebels. This era influenced the American founders, instilling a desire to limit governmental power and prevent tyrannical punishments.

John Bessler, a law professor, emphasizes the impact of Cesare Beccaria's seminal work, An Essay on Crimes and Punishments:

“Beccaria’s arguments against the death penalty and torture profoundly influenced American founders, including figures like George Washington and James Madison” (12:35).

Carol Steiker connects these philosophical underpinnings to the crafting of the U.S. Constitution:

“The Eighth Amendment was incorporated into the Virginia Declaration of Rights and subsequently into the U.S. Bill of Rights, reflecting a commitment to humane and proportional punishment” (15:15).

Supreme Court Cases Shaping Interpretation

Weems v. United States (1910):
This case marked the Supreme Court's first significant interpretation of the Eighth Amendment. Paul Weems was sentenced to an unusual punishment in the Philippines, which the Court deemed unconstitutional.

Carol Steiker summarizes the decision:

“The Supreme Court stated that Weems' punishment was both cruel and unusual as it had no precedent in American legislation and was excessively punitive” (23:14).

The ruling introduced the concept that interpretations of the Eighth Amendment must evolve with societal standards:

“As society changes, so too must our interpretation of what constitutes cruel and unusual punishment” (24:05).

Trope v. Dulles (1958):
This case further cemented the notion that the Eighth Amendment should adapt to contemporary standards of decency.

Carol Steiker reflects on the decision:

“The Court affirmed that stripping an individual of citizenship was a form of cruel and unusual punishment, emphasizing that punishments must consider the inherent dignity of individuals” (28:04).

Furman v. Georgia (1972): A Turning Point

The episode explores Furman v. Georgia, a landmark case where the Supreme Court ruled the death penalty, as administered at the time, to be unconstitutional.

Carol Steiker describes the case's significance:

“Furman v. Georgia resulted in a 5-4 decision declaring existing death penalty statutes as arbitrary and discriminatory, effectively halting capital punishment nationwide” (37:22).

Justice Potter Stewart famously stated:

“These death sentences in these cases are cruel and unusual... [similar to] being struck by lightning” (40:31).

This ruling led to widespread confusion as 35 states and the federal government swiftly revised their death penalty laws to address the Court's concerns, reinstating capital punishment under more regulated frameworks.

Modern Interpretations and Ongoing Debates

Despite Furman's temporary halt of the death penalty, subsequent cases and evolving societal standards have continued to shape the application of the Eighth Amendment.

Carol Steiker notes:

“Since 1958, the Supreme Court has narrowed the scope of who can be sentenced to death, including prohibiting executions for juveniles and individuals with intellectual disabilities” (47:50).

Runtin Arablouei adds:

“Activists argue for a broader understanding of cruel and unusual punishment to include practices like solitary confinement and forced labor, highlighting the Amendment’s enduring relevance” (48:31).

The episode underscores that while support for the death penalty has declined, a significant portion of Americans still favor it for severe crimes, and states continue to test the boundaries of the Eighth Amendment.

“A majority of Americans still support the death penalty for murder, and states are actively shaping its implementation, reflecting the ongoing debate over what constitutes humane and just punishment” (49:43).

Conclusion: Evolving Standards of Decency

The hosts conclude by reflecting on the dynamic nature of constitutional interpretation:

Carol Steiker poses a critical question:

“When assessing whether a punishment is cruel and unusual, do we evaluate it based on the standards of 1789 or today’s societal norms?” (50:01).

Rund Abdelfattah adds:

“The Eighth Amendment remains a living document, continually reinterpreted to align with the evolving standards of decency that characterize a maturing society” (50:33).

This episode of Throughline highlights the intricate balance between upholding constitutional principles and adapting to the moral and ethical advancements of society.

Notable Quotes

• Carol Steiker:
  “The firing squad is still a legal method of execution in five states almost 150 years later” (03:54).

• John Bessler:
  “Necessity was seen as the dividing line between liberty and tyranny” (48:51).

• Justice Potter Stewart:
  “These death sentences in these cases are cruel and unusual... [similar to] being struck by lightning” (40:31).

• Carol Steiker:
  “It treats them as members of an undifferentiated mass subject to the blind infliction of capital punishment” (46:00).

Key Takeaways

1. Historical Foundations: The Eighth Amendment was influenced by the desire to prevent tyrannical and excessively punitive measures reminiscent of European governance.
2. Supreme Court's Role: Landmark cases like Weems v. United States and Furman v. Georgia have been pivotal in shaping the interpretation of what constitutes cruel and unusual punishment.
3. Evolving Standards: Societal norms and ethical perceptions play a crucial role in redefining the boundaries of acceptable punishment under the Eighth Amendment.
4. Ongoing Debate: The death penalty remains a contentious issue, reflecting broader discussions about justice, equity, and humanity in the American legal system.

This comprehensive exploration by Throughline offers listeners a nuanced understanding of the complexities surrounding the Eighth Amendment, emphasizing its enduring impact on American jurisprudence and societal values.