In Trop v. Dulles, the Supreme Court held that the standard for determining whether a punishment is cruel and unusual is:

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In Trop v. Dulles, the Supreme Court held that the standard for determining whether a punishment is cruel and unusual is based on evolving standards of decency. The Court considered the changing attitudes and beliefs of society in determining whether a particular punishment violated the Eighth Amendment's prohibition against cruel and unusual punishment. The standard is not based on socially acceptable practices or retributive versus rehabilitative goals, but rather on what is seen as acceptable and humane punishment in contemporary times.

In Trop V Dulles, the Supreme Court Held That the Standard for Standard