Stephanie Manus was arrested, tried, and convicted of kidnapping. There was no doubt that she was guilty. The judge said, "I can either send you to prison for 12 years or I can make you shave your head and make you stand on the freeway for 8 hours a day so that you will know what it is like to be scared." "Prison is too good for you," said the judge. What amendment is involved here and what specific clause or phrase in the amendment is going to be applied