Actually the term is "Cruel AND unusual punishment". If we gave all murderers the death penalty via hand grenade thrown in their cell and all rapists the punishment of having their junk cut chewed off by rabid wolverines, some could call it cruel but it would not be cruel and unusual and would therefore not violate the 8th amendment.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death."
- George Carlin
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