حدود العقوبة وفقا للتعديل الثامن من الدستور الامريكي

Abstract EN

in the united states of America, the punishment applied to the accused is required to comply with the criteria set forth in the eighth amendment of the us constitution, which states that “no cruel and unusual punishment shall be imposed.” In the sense that the punishment does not cause physical or psychological pain to the convicted person to exceed the acceptable limit according to the type of crime, and the punishment is unusual if the punishment is unusual and unconventional to impose in society, and the punishment imposed should be commensurate with the degree of gravity of the crime committed by the accused, for example, the imposed penalty is one of the penalties in the criminal law of the state, such as the death penalty or pen-alties depriving of liberty.

on the other hand the assessment of whether the sentence imposed on the accused by a state court is cruel or unusual is a constitutional matter subject to the control and absolute discretion of the united states supreme court; where the us supreme court consists of nine justices, and passes its decisions by majority, and its task is to review the facts and procedures of the case and the requests of the opponents to ensure their compliance with the constitution, and its rulings are final and binding on all courts in all us states.