Cruel and Unusual Punishment

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14th Amendment
5th Amendment
8th Amendment
A01=Joseph A. Melusky
A01=Keith A. Pesto
American Bar Association
Author_Joseph A. Melusky
Author_Keith A. Pesto
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Callins v. Collins
Capital punishment
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Category=LAB
Category=LND
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Conditions of Confinement
Dalai Lama
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eq_isMigrated=1
eq_nobargain
eq_non-fiction
eq_society-politics
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Product details

  • ISBN 9781576076026
  • Publication Date: 21 Feb 2003
  • Publisher: Bloomsbury Publishing Plc
  • Publication City/Country: US
  • Product Form: Hardback
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In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue.

The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment."

Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.


  • A focused list of primary source documents includes the Magna Carta, the Northwest Ordinance, the 5th, 8th, and 14th Amendments, and excerpts from the Federalist Papers
  • Appendixes include tables and charts on public opinion on the death penalty, state statistics, federal sentencing guidelines, and a bibliography

Joseph A. Melusky is chair of the Department of History and Political Science at Saint Francis University, Loretto, PA.

Keith A. Pesto is a United States magistrate judge for the Western District of Pennsylvania.

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