Throughline · October 15, 2026 · 47m

Is the death penalty cruel and unusual?

This episode of Throughline examines the history and evolving interpretation of the Eighth Amendment's prohibition on 'cruel and unusual punishment.' Legal scholars John Bessler and Carol Steiker discuss how the clause's definition has shifted over time, the founders' intent in writing it, and the ongoing debate over whether capital punishment violates fundamental human rights.

This summary was generated from show notes and public descriptions, not from a full transcript review. Details may contain inaccuracies.

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The Shifting Definition of 'Cruel and Unusual'

The Eighth Amendment's prohibition on cruel and unusual punishment is not fixed; its meaning has been reinterpreted by courts and society across different historical periods.

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The Death Penalty as a Constitutional Question

The episode explores whether capital punishment inherently constitutes cruel and unusual punishment under the Eighth Amendment, a question that continues to divide legal scholars and the courts.

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