"In 1977, the US Supreme Court found that the Eighth Amendment - which prohibits cruel and unusual punishment - did not apply to school students"
This is so shocking.
Does anyone know what the justification for that was?
I think they were saying that applies to criminal proceedings and not school punishment. Also remember the punishment has to be cruel AND unusual. In 1977 I think it met the cruel but not unusual. However, maybe today it could meet both?
Typically this is how the death penalty is justified with this clause. Yes very cruel, but we have been doing death penalties through all human history. So not unusual.