by the court as a result of the trial...the court cannot sentence someone to torture...
If it were restricted to courts, wouldn't it say so? After all, it clearly lays out in the 6th the legal right of the criminally accused to a jury trial, held in the relevant jurisdiction, and with the ability to defend himself. … Or would you say that the EPA's absurd $X-thousand/day fines are perfectly fine under the 8th Amendment?