The long term of imprisonment of innocent people in the USA is disturbing and perhaps if I was on the Supreme Court I would ave allowed it. But. It sounds like the 8th amendment applies to events after conviction, even if you're not guilty. So the letter of the law has been applied.
Put it this way; if the law is never wrong because you can rely on the good people on the Supreme Court to fix things, then the law will never be changed.
But. It sounds like the 8th amendment applies to events after conviction, even if you're not guilty. So the letter of the law has been applied.
I'm afraid I don't follow you. If you're still being punished after evidence comes to light that you aren't guilty, then you're being "cruelly and unusually punished" by any sane person's definition. The Eighth is applicable, and should have been cited by Scalia to draw the opposite conclusion that he came to.
Put it this way; if the law is never wrong because you can rely on the good people on the Supreme Court to fix things, then the law will never be changed.
(btw, I didn't downvote you at any time)