Throughline: We The People – Cruel and Unusual Punishment

Throughline, hosted by NPR’s Rund Abdelfattah and Ramtin Arablouei, delves into the intricate history and ongoing debates surrounding the Eighth Amendment of the U.S. Constitution. This episode, titled "We The People: Cruel and Unusual Punishment," explores how interpretations of what constitutes "cruel and unusual punishment" have evolved and continue to shape American society and its legal system.

1. Introduction: Early Applications of the Eighth Amendment

The episode opens with the historical case of Wallace Wilkerson in Utah during 1877. Wilkerson killed William Baxter in a saloon dispute and was subsequently sentenced to death by firing squad—a method chosen by Mormon settlers who believed in "blood atonement." This case escalated to the U.S. Supreme Court to determine if the firing squad violated the Eighth Amendment's prohibition of cruel and unusual punishment.

Notable Quote:

Carol Steiker (Harvard Law Professor) [02:06]:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

2. Historical Influences: England’s Bloody Assizes and Enlightenment Thought

The podcast traces the roots of the Eighth Amendment to the oppressive practices in England, particularly under King James II. The Bloody Assizes, led by Judge Jeffreys, were notorious for their brutal punishments following the Duke of Monmouth's failed rebellion in 1685. These events sowed fear and anti-monarchical sentiments, influencing American colonists.

Simultaneously, Enlightenment thinkers like Cesare Beccaria criticized the death penalty and torture, advocating for proportionality in punishment. Beccaria’s seminal work, An Essay on Crimes and Punishments (1764), profoundly impacted American founders, including George Washington and Thomas Jefferson.

Notable Quote:

John Bessler (University of Baltimore School of Law) [12:49]:
"The book was novel because it was the first book really to make a comprehensive case against the death penalty."

3. Formation of the Eighth Amendment and Constitutional Intent

During the drafting of the U.S. Constitution, the founders aimed to prevent the tyranny they had experienced under British rule. Drawing from both the English Bill of Rights and Enlightenment ideals, they incorporated protections against excessive and cruel punishments. George Mason and James Madison were pivotal in embedding the language that would later become the Eighth Amendment.

Notable Quote:

Carol Steiker [15:07]:
"The framers saw themselves not only as learning from the past, but as going further and breaking from the past."

4. Early Supreme Court Interpretations: Weems v. United States and Trope v. Dulles

Weems v. United States (1910):
The Supreme Court examined the punishment of Paul Weems in the Philippines, who was sentenced to harsh conditions including perpetual surveillance and loss of rights—a punishment foreign to American laws. The Court ruled this punishment unconstitutional, establishing that the Eighth Amendment should adapt to societal changes.

Notable Quote:

Carol Steiker [24:19]:
"As society changes, norms will change too."

Trope v. Dulles:
In 1956, the Court invalidated the punishment of Albert Trope, a deserter stripped of his citizenship, declaring it cruel and unusual. This case emphasized the evolving nature of constitutional interpretations.

Notable Quote:

Carol Steiker [29:24]:
"The meaning comes from the evolving standards of decency that mark the progress of a maturing society."

5. Furman v. Georgia (1972): A Landmark Ruling

Furman v. Georgia was a watershed moment where the Supreme Court ruled that the arbitrary application of the death penalty constituted cruel and unusual punishment. This decision effectively halted executions nationwide, highlighting systemic biases and the lack of standardized guidelines for punishment.

Notable Quotes:

Carol Steiker [35:26]:
"Standards of decency have evolved."

Justice Potter Stewart [40:05]:
"These death sentences... are wanton and freakish."

The ruling was fragmented, with all nine justices issuing separate opinions but unanimously agreeing that the death penalty, as administered, was unconstitutional. The immediate aftermath saw hundreds of inmates spared, and the death penalty was temporarily abolished across states.

6. State Responses and Reinstatement of the Death Penalty

In response to Furman, states swiftly enacted new death penalty statutes designed to address the Court's concerns. These laws introduced guided discretion for juries, aiming to eliminate arbitrary and discriminatory applications. By 1976, the Supreme Court reviewed these new statutes in cases from five states.

Notable Quote:

Carol Steiker [45:35]:
"It treats them as members of an undifferentiated mass subject to the blind infliction of capital punishment."

The Court upheld statutes from Georgia, Florida, and Texas, which provided guidance and required consideration of mitigating evidence. However, it struck down mandatory death sentences in North Carolina and Louisiana, reinforcing the need for judicial discretion and fairness.

7. Ongoing Debates and Modern Interpretations

Despite these developments, the death penalty remains a contentious issue. Subsequent Supreme Court decisions have further narrowed its application, prohibiting executions for juveniles, individuals with intellectual disabilities, and certain non-murder offenses. Additionally, modern debates extend the Eighth Amendment’s reach to practices like solitary confinement and the treatment of the homeless, arguing these conditions also constitute cruel and unusual punishment.

Notable Quote:

Carol Steiker [49:36]:
"When we ask whether something is cruel and unusual, do we ask whether it was cruel and unusual back in 1789... or do we ask whether it's cruel and unusual to contemporary sensibilities?"

8. Conclusion: The Evolving Standards of Decency

The episode concludes by reflecting on the Eighth Amendment's enduring relevance. As societal norms shift, so too does the interpretation of what constitutes cruel and unusual punishment. While the death penalty remains legally sanctioned in several states, its application continues to be scrutinized and debated, embodying the Constitution’s dynamic nature.

Notable Quote:

Carol Steiker [49:36]:
"It's a rebuke to the idea that standards of decency evolve in one direction."

Key Takeaways

• The Eighth Amendment was crafted to prevent oppressive state actions, drawing from historical abuses and Enlightenment philosophy.
• Supreme Court cases like Weems v. US and Furman v. Georgia have significantly shaped the interpretation of "cruel and unusual punishment."
• The death penalty's legality and application remain deeply divisive, reflecting broader societal values and evolving standards of justice.
• Ongoing debates highlight the amendment’s flexibility and the continuous re-examination of what constitutes humane punishment in a modern context.

This summary captures the essence and detailed discussions of the "We The People: Cruel and Unusual Punishment" episode of Throughline, providing a comprehensive overview for those unfamiliar with the full podcast.