It has to be cruel AND unusual. Embarrassing, yes, but not cruel.
“It has to be cruel AND unusual”
I always wondered about that. Obviously an “or” would help my reading. But let me ask you, if the punishment had to be both to be unconstitutional couldn’t we legalize torture by making it usual? Does anybody read the amendment that way? I don’t see any reason why cruel alone should be outlawed but not unusual alone.
I’m not making this distinction up, by the way. It’s right there in case law. Punishment that is by its severity degrading to human dignity is forbidden, without reference to regularity. Unnecessary punishment is forbidden, without reference to regularity. We can have it your way, but then things are gonna get messy.