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Carol Steiker

👤 Person
192 total appearances

Appearances Over Time

Podcast Appearances

Throughline
We The People: Cruel and Unusual Punishment

Utah was not yet a state. It was a federal territory. And it was settled then, as now, by Mormons. And Brigham Young, who was the leader of the Mormons, preached that blood atonement was necessary for murders. So he didn't want to use hanging because you don't bleed when you're hanged, but you do bleed when you're shot. And so Mormon territory used the firing squad as a form of execution.

Throughline
We The People: Cruel and Unusual Punishment

Utah was not yet a state. It was a federal territory. And it was settled then, as now, by Mormons. And Brigham Young, who was the leader of the Mormons, preached that blood atonement was necessary for murders. So he didn't want to use hanging because you don't bleed when you're hanged, but you do bleed when you're shot. And so Mormon territory used the firing squad as a form of execution.

Throughline
We The People: Cruel and Unusual Punishment

Utah was not yet a state. It was a federal territory. And it was settled then, as now, by Mormons. And Brigham Young, who was the leader of the Mormons, preached that blood atonement was necessary for murders. So he didn't want to use hanging because you don't bleed when you're hanged, but you do bleed when you're shot. And so Mormon territory used the firing squad as a form of execution.

Throughline
We The People: Cruel and Unusual Punishment

All right, here's the original text of the Eighth Amendment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Throughline
We The People: Cruel and Unusual Punishment

All right, here's the original text of the Eighth Amendment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Throughline
We The People: Cruel and Unusual Punishment

All right, here's the original text of the Eighth Amendment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Throughline
We The People: Cruel and Unusual Punishment

So what's interesting, the court first says, very hard to know what this means. But then they go on to say, the one thing we can say with some certainty is that it had something to do with torture. That torture's not good. And they reference things that they would be pretty sure would be cruel and unusual punishment. Drawing and quartering, disemboweling, burning at the stake.

Throughline
We The People: Cruel and Unusual Punishment

So what's interesting, the court first says, very hard to know what this means. But then they go on to say, the one thing we can say with some certainty is that it had something to do with torture. That torture's not good. And they reference things that they would be pretty sure would be cruel and unusual punishment. Drawing and quartering, disemboweling, burning at the stake.

Throughline
We The People: Cruel and Unusual Punishment

So what's interesting, the court first says, very hard to know what this means. But then they go on to say, the one thing we can say with some certainty is that it had something to do with torture. That torture's not good. And they reference things that they would be pretty sure would be cruel and unusual punishment. Drawing and quartering, disemboweling, burning at the stake.

Throughline
We The People: Cruel and Unusual Punishment

My name is Carol Steiker. I'm a professor at Harvard Law School. I'm the author of Courting Death, the Supreme Court and Capital Punishment. In 1878, the question was whether firing squads were cruel and unusual punishment. Court says that's not torturous. It's not unnecessary cruelty. And we know that because, you know, we've used it a lot as a punishment for deserters in wartime.

Throughline
We The People: Cruel and Unusual Punishment

My name is Carol Steiker. I'm a professor at Harvard Law School. I'm the author of Courting Death, the Supreme Court and Capital Punishment. In 1878, the question was whether firing squads were cruel and unusual punishment. Court says that's not torturous. It's not unnecessary cruelty. And we know that because, you know, we've used it a lot as a punishment for deserters in wartime.

Throughline
We The People: Cruel and Unusual Punishment

My name is Carol Steiker. I'm a professor at Harvard Law School. I'm the author of Courting Death, the Supreme Court and Capital Punishment. In 1878, the question was whether firing squads were cruel and unusual punishment. Court says that's not torturous. It's not unnecessary cruelty. And we know that because, you know, we've used it a lot as a punishment for deserters in wartime.

Throughline
We The People: Cruel and Unusual Punishment

So the court says we don't have a problem with the firing squad as cruel and unusual punishment. But they also said, we're not entirely sure what its contours are. It just doesn't reach this far.

Throughline
We The People: Cruel and Unusual Punishment

So the court says we don't have a problem with the firing squad as cruel and unusual punishment. But they also said, we're not entirely sure what its contours are. It just doesn't reach this far.

Throughline
We The People: Cruel and Unusual Punishment

So the court says we don't have a problem with the firing squad as cruel and unusual punishment. But they also said, we're not entirely sure what its contours are. It just doesn't reach this far.

Throughline
We The People: Cruel and Unusual Punishment

So there was a really unpopular king there.

Throughline
We The People: Cruel and Unusual Punishment

So there was a really unpopular king there.

Throughline
We The People: Cruel and Unusual Punishment

So there was a really unpopular king there.

Throughline
We The People: Cruel and Unusual Punishment

King James II, who was Catholic and was thought to be favoring Catholics over Protestants, so there was a lot of Catholic-Protestant tension.

Throughline
We The People: Cruel and Unusual Punishment

King James II, who was Catholic and was thought to be favoring Catholics over Protestants, so there was a lot of Catholic-Protestant tension.

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