"... Nor Cruel and Unusual Punishments Inflicted"

Abstract

This paper endeavors to understand and assess the last clause of the Eighth Amendment to the Constitution of the United States, which holds that "cruel and unusual punishments [shall not be] inflicted." This entails a review and analysis of the major case development and some of the firoblem areas—both solved and unsolved. Inasmuch as neither the purpose nor the typical proceeding of the juvenile court is penal, the "cruel and unusual punishment" prohibition is inapplicable to it. However, treat ment of a juvenile within the jurisdiction of the court may involve punishment. When it does, he is protected, as an adult is, against the infliction of cruel and unusual punishment.