[Peet]

I never understand why judges are able to get away with this under the 8th amendment. Don’t get me wrong, it can be very useful to let the punishment fit the crime. But there it is in black and white, and unusual punishment is unconstitutional. I highly doubt wearing an idiot sign is usual.

Amendment 8 - Cruel and Unusual Punishment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

While I agree the punishment levied is "unusual" I think we can pass on the "cruel and" part if the punishment has to be both.

[Tublecane]

“if the punishment has to be both”

But it doesn’t, or not according to SCOTUS. They will rule punishments unconstitutional for cruelty alone, trust me. So why do we get the merely cruel but not the merely unusual?