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John Bessler

👤 Person
78 total appearances

Appearances Over Time

Podcast Appearances

Throughline
We The People: Cruel and Unusual Punishment

I'm a professor of law at the University of Baltimore School of Law, and I also teach as an adjunct professor at the Georgetown University Law Center.

Throughline
We The People: Cruel and Unusual Punishment

This book was read by George Washington. James Madison recommended the Library of Congress purchase the book, and Thomas Jefferson had multiple copies of the book in different languages. Benjamin Franklin, a number of founders were enthralled by Beccaria's ideas.

Throughline
We The People: Cruel and Unusual Punishment

This book was read by George Washington. James Madison recommended the Library of Congress purchase the book, and Thomas Jefferson had multiple copies of the book in different languages. Benjamin Franklin, a number of founders were enthralled by Beccaria's ideas.

Throughline
We The People: Cruel and Unusual Punishment

This book was read by George Washington. James Madison recommended the Library of Congress purchase the book, and Thomas Jefferson had multiple copies of the book in different languages. Benjamin Franklin, a number of founders were enthralled by Beccaria's ideas.

Throughline
We The People: Cruel and Unusual Punishment

So we have to look first at the state constitutions. And what we see is that George Mason, who was the drafter of the Virginia Declaration of Rights, he just cobbled together a bunch of the rights that were in the English Bill of Rights, including this prohibition against cruel, unusual punishments, and included it in the Virginia Declaration of Rights in 1776.

Throughline
We The People: Cruel and Unusual Punishment

So we have to look first at the state constitutions. And what we see is that George Mason, who was the drafter of the Virginia Declaration of Rights, he just cobbled together a bunch of the rights that were in the English Bill of Rights, including this prohibition against cruel, unusual punishments, and included it in the Virginia Declaration of Rights in 1776.

Throughline
We The People: Cruel and Unusual Punishment

So we have to look first at the state constitutions. And what we see is that George Mason, who was the drafter of the Virginia Declaration of Rights, he just cobbled together a bunch of the rights that were in the English Bill of Rights, including this prohibition against cruel, unusual punishments, and included it in the Virginia Declaration of Rights in 1776.

Throughline
We The People: Cruel and Unusual Punishment

And it was Madison, who was also from Virginia, who decided that that language should be included in the U.S. Bill of Rights in 1791. James Madison actually made a short revision to the language. In England, the prohibition said, ought not. So it was more hortatory in nature. And in the American version, it says, shall not inflict cruel and unusual punishments.

Throughline
We The People: Cruel and Unusual Punishment

And it was Madison, who was also from Virginia, who decided that that language should be included in the U.S. Bill of Rights in 1791. James Madison actually made a short revision to the language. In England, the prohibition said, ought not. So it was more hortatory in nature. And in the American version, it says, shall not inflict cruel and unusual punishments.

Throughline
We The People: Cruel and Unusual Punishment

And it was Madison, who was also from Virginia, who decided that that language should be included in the U.S. Bill of Rights in 1791. James Madison actually made a short revision to the language. In England, the prohibition said, ought not. So it was more hortatory in nature. And in the American version, it says, shall not inflict cruel and unusual punishments.

Throughline
We The People: Cruel and Unusual Punishment

There was some uncertainty about what it actually meant. It's kind of breadcrumbs in a way. When you look back at the history of this originally, there's a few comments that are made.

Throughline
We The People: Cruel and Unusual Punishment

There was some uncertainty about what it actually meant. It's kind of breadcrumbs in a way. When you look back at the history of this originally, there's a few comments that are made.

Throughline
We The People: Cruel and Unusual Punishment

There was some uncertainty about what it actually meant. It's kind of breadcrumbs in a way. When you look back at the history of this originally, there's a few comments that are made.

Throughline
We The People: Cruel and Unusual Punishment

Objected to the words, nor cruel and unusual punishments, saying the import of them being too indefinite. So he's encapsulating the idea that this is a very general prohibition. There was other people like James Iredell from North Carolina who said it would have been ridiculous, essentially, to categorize all the different punishments that were considered cruel and unusual at that time.

Throughline
We The People: Cruel and Unusual Punishment

Objected to the words, nor cruel and unusual punishments, saying the import of them being too indefinite. So he's encapsulating the idea that this is a very general prohibition. There was other people like James Iredell from North Carolina who said it would have been ridiculous, essentially, to categorize all the different punishments that were considered cruel and unusual at that time.

Throughline
We The People: Cruel and Unusual Punishment

Objected to the words, nor cruel and unusual punishments, saying the import of them being too indefinite. So he's encapsulating the idea that this is a very general prohibition. There was other people like James Iredell from North Carolina who said it would have been ridiculous, essentially, to categorize all the different punishments that were considered cruel and unusual at that time.

Throughline
We The People: Cruel and Unusual Punishment

Livermore suggested, well, it's going to be for the courts to actually give some essentially some teeth to this prohibition because we're not defining it explicitly.

Throughline
We The People: Cruel and Unusual Punishment

Livermore suggested, well, it's going to be for the courts to actually give some essentially some teeth to this prohibition because we're not defining it explicitly.

Throughline
We The People: Cruel and Unusual Punishment

Livermore suggested, well, it's going to be for the courts to actually give some essentially some teeth to this prohibition because we're not defining it explicitly.

Throughline
We The People: Cruel and Unusual Punishment

Now, in spite of his objection to the inclusion of this language, the first Congress adopted what became the language of the Eighth Amendment, the record reflects, by a considerable majority.