Kialo requires cookies to work correctly.
Cruel and Unusual: Should Capital Punishment Hurt?
The perception of pain is subjective and can vary, hence it would be difficult to enforce a consistent and identical punishment in all cases.
such as age, gender and ethnicity can affect how people experience pain.
An inability to provide consistent punishment would violate the idea of "equality before the law," which is
in most national constitutions and the UN Universal Declaration of Human Rights.
As long as society perceives the application of a punishment as consistent and identical between recipients, it does not matter whether these recipients actually perceive this punishment in different ways.
While there are different
thresholds of pain
, extreme practices will cause a lot of pain to anyone.
Other punishments dealt out by the judiciary are usually not expected to be absolutely consistent and identical.