Re:The Caging of America
by InclinedPlane on Monday March 12, 2012 @04:27AM
(#3692719)
I would file on civil rights grounds, that incarceration where rape is known to be highly likely amounts to cruel and unusual punishment.
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Re:The Caging of America
by icebraining on Monday March 12, 2012 @06:39AM
(#3692954)
If life in prison for a first-time nonviolent drug offense was not considered cruel and unusual, what luck would you have?
However, that would fall into the trap mentioned in the article: that it's not unusual.
Rape is an unusual form of punishment in that the courts never ask for it to be applied.
Re:The Caging of America
by InclinedPlane on Monday March 12, 2012 @05:20AM
(#3692802)
Unusual doesn't mean "uncommon" in the context of the constitution.