cruel and unusual punishment


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Words related to cruel and unusual punishment

punishment prohibited by the 8th amendment to the U.S. Constitution

References in periodicals archive ?
The Constitution, and this nation's founding principles of justice and fairness, require that executions be humanely administrated and not constitute cruel and unusual punishment.
The Supreme Court said that it is cruel and unusual punishment that a juvenile would have to spend their life behind bars without parole, but it is also cruel and unusual punishment that after only 15 years and every five years thereafter, a victim's family would have to relive such a horrible tragedy,'' said state Sen.
Parr, Symmetric Proportionality: A New Perspective on the Cruel and Unusual Punishment Clause, 68 TENN.
399 (1986), in which he describes essentially universal agreement "that the Eighth Amendment's ban on cruel and unusual punishment embraces, at a minimum, those modes or acts of punishment that had been considered cruel and unusual at the time that the Bill of Rights was adopted.
flogging inmates or executing mentally retarded offenders) may come to be regarded as cruel and unusual punishment at some later time.
In 1986 the Supreme Court held that executing an insane individual violates the Eighth Amendment's cruel and unusual punishment clause.
Collins rebutted Scalia via logic derived from the Eighth Amendment's ban on cruel and unusual punishment by Justice Henry Blackmun.
The cruel (but perhaps not unusual) irony is that the Supreme Court has done anything but clearly enunciate the law of the Eighth Amendment's reference to cruel and unusual punishment.
Paul Schabas, a Toronto lawyer acting for the Foundation, contends that the law allows for unconstitutional violations of a child's right to security of the person, and for conduct that amounts to cruel and unusual punishment.
The Supreme Court held that an inmate was subjected to cruel and unusual punishment in violation of the Eighth Amendment when prison guards handcuffed him to a hitching post to punish him for disruptive behavior.
They are boosted by a federal appeals court ruling last November that a 50-year prison sentence for a videotape thief was cruel and unusual punishment, although the court stated that its decision did not "invalidate California's three-strikes law generally.
In answer to the third question, we conclude that the mandatory minimum sentence for second degree murder in this case does not amount to cruel and unusual punishment within the meaning of s.
The end of this month finds many of us giving up sweets for Lent, so to launch into a story about baking cookies will seem like cruel and unusual punishment unless I quickly explain.
Early American courts were divided as to whether desuetude could invalidate a statute in cases that did not involve a claim that the statute imposed a cruel and unusual punishment or violated another customary right embedded in the Constitution.
And various aspects of the death penalty have been challenged as a violation of the Eighth Amendment's ban on cruel and unusual punishment.