Bar Exam Practice 2025 – 400 Free Practice Questions to Pass the Exam

Question: 1 / 400

What constitutes cruel and unusual punishment?

Punishment that is excessive in relation to the crime

The correct choice captures a fundamental aspect of what constitutes cruel and unusual punishment, particularly within the context of the Eighth Amendment to the U.S. Constitution. This amendment prohibits punishments that are excessive in relation to the severity of the offense committed. The principle behind this is rooted in the idea of proportionality—punishments should not be so severe that they exceed the culpability associated with the crime. For example, imposing a life sentence for a minor theft would be deemed excessive and, therefore, potentially cruel and unusual.

In contrast, the other options do not accurately reflect the legal definition and interpretation of cruel and unusual punishment. The notion of public support (the second option) is subjective and can vary over time and across different communities, so it does not serve as a legal benchmark for determining the appropriateness of punishment. The idea that punishment must be intended for reform (the third option) touches on rehabilitative theories of justice but does not directly address the concept of cruelty or excessiveness. Lastly, considering punishment as temporary (the fourth option) does not pertain to cruel and unusual punishment because it does not inherently assess the severity or proportionality of the punishment in light of the crime committed.

Overall, the emphasis on proportionality reinforces the legal

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Punishment that lacks public support

Punishment that is intended to reform

Punishment that is temporary

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