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Well like I said below I maybe hoping for something that doesn't exist. I assume enough legal action has taken place to figure this out but I wouldn't really know. However, I agree that the application of the punishment rather than the punishment itself can be cruel and usual (depending on how the punishment is defined). I fail to see how the second case example relates if the first is true. What is cruel or unusual seems unrelated to the crime severity because cruel and unusual is a separate concept like the first example seems to show or so I thought. Crime severity and severity of the punishment should be related though. This is why, in my opinion, solitary confinement can be called might be cruel and unusual. It's categorically different from prison. I hope any of that makes sense.



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