If it said cruel or unusual punishments I would agree. The potential solutions to this problem are plentiful:
1. Do it all the time so it might be cruel, but it is not unusual.
2. Make the unusual punishments fun, like putting a death row dude on a defective roller coaster that will send him plunging to his death, but he doesn't know it. He will be having fun. Not cruel.
3. Come up with an Amendment that defines cruel. Make the definition such that just about any punishment is seen as ok.