CaseTrail

Cruel and unusual punishment, death penalty: Supreme Court decisions

Every U.S. Supreme Court decision from the 1946 through 2025 Terms that the Supreme Court Database classifies under the issue “Cruel and unusual punishment, death penalty,” part of the Criminal Procedure area.

122decisions
60%favorable to the petitioner
10%unanimous
25altered precedent or struck a law

Decisions by decade

1940s2
1950s4
1960s2
1970s20
1980s42
1990s21
2000s16
2010s12
2020s3

Most majority opinions

Legal provisions most often involved

Eighth Amendment (cruel and unusual punishment)82
Fourteenth Amendment (due process)7
Writ improvidently granted3
28 U.S.C. §§ 2241–2255 (habeas corpus)3
Sixth Amendment (other provisions)2
Fourteenth Amendment (equal protection)2
42 USC 1983 Civil action for deprivation of rights1
Fifth Amendment (self-incrimination)1

All 122 decisions, newest first

Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error