As a punishment, is castration unconstitutional?

Is it considered unusual or cruel?


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Most Helpful Guy

  • Even if it's not against the US constitution, it certainly is very barbaric, unnecessarily cruel and unworthy of a developed, democratic republic. I consider it pretty much the same as countries such as Saudi Arabia stoning women to death if they cheat on their husband.
    I also believe castration as a punishment is against the UN Declaration of Human Rights because it could be regarded as an act of torture (not that the US ever cared much about that...).

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Most Helpful Girl

  • As a rape survivor, I wish that my attacker had been castrated.

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    • Good job victims don't have shit to do with the punishments then.

    • @Josht11 I was raped. My virginity was taken from me against my will. I would have settled for having him depends a few years in jail, but since that had never happened, I want him dead. Castrated is the second best option.

What Guys Said 14

  • technically, cruel punishment is OK. And so is unusual. The problem is with both, which is why it says "cruel AND unusual."
    that said, permanent physical harm or damage falls more into the realm of torture than anything else. If you think someone will sexually assault others again, you need provisions to make sure they are never free from prison to do so, not permission to irreparably destroy part of a person's body.

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    • but what is actually deemed cruel and unusual?

      the United States Supreme Court "set the standard that a punishment would be cruel and unusual [, if] it was too severe for the crime, [if] it was arbitrary, if it offended society's sense of justice, or if it was not more effective than a less severe penalty."

      the Supreme Court commented that drawing and quartering, public dissection, burning alive, or disembowelment constituted cruel and unusual punishment.

      It looks like, Castration might still be open to interpretation.

    • @Betwyn volunteer castration is only in a few states, however, the law is very equal, "What can't be done to one criminal will not be done to another" so oophorectomy fore female rapist then. That's taking her pare away. However, permanently altering the body without permission is considered cruel on all accounts.

  • Counts as mutilation, similar to chopping off hands, feet, tongue and blinding by burning the eyes. Not unusual by human standards but pretty much cruel.

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  • I suppose it would depend on the crime but even if it wasn't against the constitution it is one of the most barbaric things you could do to a man.

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  • I'm not American and don't know shit about the constitution but it's a very immoral and cruel punishment we should be above mindless violence as a society and this is basically torture which was left behind in the middle ages.

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  • I would support it... especially with respect to male sex offenders. It would have to be beyond reasonable doubt though!

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    • Ye but people still get convicted when they're innocent I don't think it's right to castrate them if someone innocent will get castrated and also this is definitely cruel and unusual punishment, furthermore I doubt it will be much of a deterrent and this is corporal punishment I couldn't stand behind a society that looked down on sex offenders while castrating them (which could lead to severe pain and problems) and acting like a superior and moral system.

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    • I wish it would happen to you.

    • What?

  • Generally they use chemical castration, which removes the sex drive without physically removing the apparatus.

    But I think physical castration would be considered cruel and unusual.

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  • It is indeed considered cruel and unusual punishment and is indeed unconstitutional.

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  • Look up the 8th Amendment.

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  • Why? why would you even consider this an option?

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  • Yes, amendment 8 prevents cruel and unusaul punishment or excessive bail.

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    • A jury will decide whether the punishment is cruel or unusual.

  • Yeah, it's pretty cruel, and kinda unusual

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  • Obviously it is. Anything who says it's not has some serious issues.

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  • psycho feminist that wants to chop all males' members detected... .

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    • You ain't bringing feminism into this.

What Girls Said 11

  • Castrastion should be used on people who rape children I say it' would be a perfect punishment.

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    • So thousands of woman will undergo oophorectomy, that's only fare. 43% of male juveniles in, "jail" reported being sexual abused 95% of them were abused by woman.

  • I don't know about the constitution..

    but then, that is just a legal document, easily circumvented.

    Just make an amendment.

    It is unusual and cruel..

    I'm torn on it.. on the one hand, it's simply horrible.

    on the other.. Some sex offenders, who survive prison, prolly deserve it?

    Maybe, in those cases where a sex offender gets a huge sentence... it could be something they opt-in for.. as a means to qualify for early parole?

    of couse.. the other side.. what is the fair female equivalent to this?

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    • Good question.

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    • @Betwyn in Puerto Rico it wasn't about punishment, indeed, it was about getting lower population numbers, thus lower unemployed people. On the mainland it was with a medical excuse.

    • No the constitution was written so the people could over through a corrupt government. And no amendment could be written to allow torture.

  • No, it's not cruel. A*sholes deserve it.

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  • Forget the US Constitution. The UN classifies forced castration (and other typically male-on-male sexual violence) as a war crime.

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    • Not sexual violence, as a legal punishment ordered by court. There's no war

    • I believe they do chemical castration in some of the Nordic countries after a trial.

  • These people can't ever be cured and they keep abusing kids and other people

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  • It's both unusual and cruel, but better to be castrated than for a child to endure whatever unusual and cruel treatment a child predator would do.

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    • I'll bet if that was an actual punishment then there would be less child predators but what do I know.

    • just copy and past of what i told "rsstanford" So thousands of woman will undergo oophorectomy, that's only fare. 43% of male juveniles in, "jail" reported being sexual abused 95% of them were abused by woman.

  • its cruel because men are proud of their d**ks. its the same as removing someone's air or their head from their body

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  • Unconstitutional or not I know of 3 I wish would have been castrated.

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  • That actually sounds like a good punishment for rapists.

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  • Barbaric actually.

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  • It probably is, yes.

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