Cruel Punishments in Colonial America

Lesson Plan - Get It!

Audio:

Today, the United States government only has a limited range of punishments it can apply for crimes committed.

There are many fines, from simple parking tickets to severe tax evasion and other crimes. Jail time is one of the common punishments. Many states allow the death penalty for the most serious crimes, usually murder.

Judges can't choose whatever punishment they want, even with the most serious crimes. There is a limited range of possible methods of execution, with lethal injection being by far the most common one today.

It wasn't always this way in America. Before the writing of the Bill of Rights, colonies and local governments took great liberty with the kinds of punishments they dealt and the crimes for which they dealt them.

The Eighth Amendment limits the kinds of punishment available to the government, stating:

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

• What makes a certain form of punishment cruel and unusual?
• Why was it necessary to add this protection to the Bill of Rights?

Learn more about the Eighth Amendment and its background as you read The Meaning of "Cruel and Unusual Punishment". Write down answers to the following questions.

• To what kinds of practices was the Eighth Amendment a response?
• What was an earlier law used as a model for the Eighth Amendment?
• What are two different possible ways to interpret the Eight Amendment today?

After reading, consider these questions.

• What should be the purpose of punishment: preventing others from committing crimes, getting revenge on criminals for their misdeeds, meting out justice, or reforming criminals' behavior so they can rejoin society? Why?
• Should the government impose whatever punishment it wants on criminals? Why or why not?
• How do you think the interpretation of cruel and unusual punishment has evolved?

As it turns out, the Founding Fathers had a good reason to include the Eighth Amendment in the Bill of Rights. They clearly remembered the not-so-distant colonial past.

In the Got It? section, research some of the creative and frightening ways some of the early colonist's punished law-breakers.