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Topic: Cruel and unusual punishment


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In the News (Fri 1 Jun 12)

  
  RealClearPolitics - Articles - Cruel and Unusual Punishment?
Dulles that the use of denationalization (the deprivation of citizenship) is a punishment barred by the Eighth Amendment.
The Court declared the execution of the mentally retarded to be cruel and unusual punishment and, thus, barred by the Eighth Amendment (Atkins v.
Simmons (2005), the court ruled it was cruel and unusual punishment to put to death anyone who was under the age of 18 at the time they committed their crime.
www.realclearpolitics.com /articles/2006/12/cruel_and_unusual_punishment.html   (691 words)

  
  cruel and unusual punishment. The New Dictionary of Cultural Literacy, Third Edition. 2002
Punishment prohibited by the Eighth Amendment to the Constitution.
Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed.
Many people have argued that capital punishment should be considered cruel and unusual punishment.
www.bartleby.com /59/14/cruelandunus.html   (147 words)

  
  Burkean Reflections: Is Lethal Injection Cruel and Unusual Punishment?
What mattered was unusual cruelty in the method of punishment; they weren't concerned (and neither is Fogel) with whether the death penalty itself was cruel and unusual.
Since the 18th century, "cruel" and "unusual" have been coupled in our legal language and courts, and their rhetorical ambiguity has been alternately used to protect prisoners and to legitimize violence against them.
The death penalty is not cruel and unusual, and lethal injection procedures are not immoral or torturous, and torture itself, as in the case of treatment of terrorists, may be an applicable policy defended on the grounds of reason of state.
burkeanreflections.blogspot.com /2006/10/is-lethal-injection-cruel-and-unusual.html   (1379 words)

  
 Chapter 9: Cruel and Unusual?
That is, the concern was for the appropriateness of the punishment to the crime, not its proportionality.
It has, however, ruled that the kind of punishment may be excessive to the crime, as it did in Coker(13) where it ruled that the death penalty was excessive for the crime of rape.
Yet it is the bloody punishments of the 17th century that the courts have assumed to be typical of corporal punishments.
www.albany.edu /~grn92/jp09.html   (4594 words)

  
 "Cruel And Unusual Punishment" Defined & Explained
CRUEL AND UNUSUAL PUNISHMENT - The U.S. Constitution's eight amendment states: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.' A number of state constitutions also contain the same, or similar, provisions.
The defendant has the burden of establishing that his punishment is greater than that imposed for more serious offenses in California and that similar offenses in other states do not carry punishments as severe.
In Rummell, the court held it did not constitute cruel and unusual punishment to impose a life sentence with possibility of parole upon a defendant who had obtained $120.75 by false pretenses.
www.lectlaw.com /def/c182.htm   (548 words)

  
 8: No cruel and unusual punishment
Later, the room was moved to a former hospital a quarter-mile from the main prison building.
Three men, all convicted of murder and all "volunteers" who gave up further appeals, have been put to death on this table since capital punishment returned to the state.
Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
www.post-gazette.com /nation/20021127amendment_8p9.asp   (282 words)

  
 Cruel and Unusual Punishment under the Eighth Amendment
By a 5 to 4 vote, the Court in Frances permits the second execution, with the majority concluding that the "cruelty" of the punishment at issue should not be measured by what happened in the past or the mental anguish the prisoner might feel as he awaits his second date with the chair.
In the case under consideration, one students was subjected to such a severe beating with a wooden paddle as to cause hematoma requiring medical attention and another was deprived of the use of his arm for a week.
By a 5 to 4 vote, however, the Court found that the punishment was not a violation of the Eighth Amendment because, it said, the framers were concerned solely with punishments in the criminal justice context and would not have intended the amendment's provisions to apply to discipline in the public schools.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/cruelunusual.html   (1229 words)

  
 Workers World Aug. 12, 2004: Cruel and unusual punishment
To ignore the cruel and extreme conditions prisoners endure-- overcrowding, poor medical care, and unhealthy conditions--is to return to a way that the Eighth Amendment was intended to end.
The courts say prison officials have to have acted with "deliberate indifference" to the safety, health and welfare of prisoners for punishment to be considered cruel and unusual.
Punishment for a crime a person did not commit is the cruelest punishment of all.
www.workers.org /ww/2004/peltier0812.php   (1192 words)

  
 Democracy in Action 2002: Proposed Florida Constitutional Amendments   (Site not responding. Last check: )
The amendment requires construction of the prohibition against cruel or unusual punishment and the proposed prohibition against cruel and unusual punishment to conform to United States Supreme Court interpretation of the Eighth Amendment to the United States Constitution.
unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden.
The prohibition against cruel or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the United States Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United States Constitution.
www.abcactionnews.com /onair/amendments/1.shtml   (685 words)

  
 Cruel and Unusual Punishment for Minors - National Constitution Center   (Site not responding. Last check: )
The United States Supreme Court has taken the case in an attempt to define what "cruel and unusual punishment" means for those convicted of a capital offense for a crime they committed while under the age of 18.
The “cruel and unusual” clause in 8 th Amendment to the Constitutionapplies to the execution of minors.
Yes, the 8 th amendment’s “cruel and unusual” clause applies to juveniles because the convicted criminal may not understand the implications of his or her actions.
www.constitutioncenter.org /education/ForEducators/DiscussionStarters/CruelandUnusualPunishmentforMinors.shtml   (1253 words)

  
 Cruel and unusual punishment - Uncyclopedia, the content-free encyclopedia   (Site not responding. Last check: )
While Michigan had a long tradition of having only one punishment for criminals-- confinement to a tropical resort for varying lengths of time, in accordance with the severity of the crime, Poland thought this to be too ridiculous.
The tropical resort was remodeled into a proper prison, the solitary confinement area was banned from the Internet, and the cafeteria budget was cut by 82% making the food only slightly better than the average high school cafeteria.
Polish punishments involving something less than death include flogging, flogging, slavery, sodomy with lead pipe, and entry in American Idol.
uncyclopedia.org /wiki/Cruel_and_unusual_punishment   (500 words)

  
 cruel - Search Results - MSN Encarta
merciless, unkind, nasty, pitiless, brutal, malicious, spiteful, vindictive, vicious, heartless, ruthless, harsh, callous, mean, painful, punishing,...
Peter the Cruel (Spanish Pedro el cruel) (1334-1369), king of Castile and León (1350-1369), the son of King Alfonso XI, born in Burgos.
Cruel and Unusual Punishment, penalty or sum of penalties that would amount to torture or inhumanity.
encarta.msn.com /encnet/refpages/search.aspx?q=cruel   (117 words)

  
 The Anniston Star » Cruel and unusual punishment
Dulles that the use of denationalization (the deprivation of citizenship) is a punishment barred by the Eighth Amendment.
The Court declared the execution of the mentally retarded to be cruel and unusual punishment and, thus, barred by the Eighth Amendment (Atkins v.
Simmons (2005), the court ruled it was cruel and unusual punishment to put to death anyone who was under the age of 18 at the time they committed their crime.
www.annistonstar.com /opinion/2006/as-columns-1221-0-6l20t2505.htm   (694 words)

  
 WowEssays.com - Death Penalty Is Cruel
Basically, the Court found that the death penalty is cruel and unusual if the punishment was too severe for the crime, if it was arbitrary, or if it was no more effective than a less severe penalty.
Justice Blackmun, in his dissenting opinion, stated “the eighth amendments prohibition against cruel and unusual punishment draws it’s meaning from the evolving standards of decency that mark the progress of a maturing society”.
The Court would undoubtedly find that to be cruel and unusual, however, and the deterrence of it would not even come into play, because it would be so horrible to the general public.
www.wowessays.com /dbase/ae4/smr270.shtml   (837 words)

  
 What is cruel and unusual punishment? | Ask MetaFilter
The unusual part is probably moot based upon the fact that we all accept confinement as a common punishment.
Punishment is not cruel or unusual by default.
Cruel and unusual punishment likely meant something very real to 18th-century educated men, during whose lifetimes drawing and quartering and other awful means of execution most certainly occurred.
ask.metafilter.com /mefi/29089   (1848 words)

  
 cruel unusual punishment cases
United States (1910) held that a punishment is cruel and unusual if it is excessive.
Cruel and unusual crimes, judicial activism, and capital punishment.Fraudulent Supreme Court rulings have made capital punishment unusual.
Lastly, the death penalty is "cruel and unusual punishment.
www2.rapedbrutality.org /cruel/unusual/punishment/cases   (345 words)

  
 Rights of the People: Individual Freedom and the Bill of Rights
A major debate over what constituted cruel and unusual punishment took place at the time of the Revolution and extended through the drafting of the Constitution and the Bill of Rights, a debate that in many ways foreshadowed the modern controversy over whether capital punishment is cruel and unusual punishment.
No cruel and unusual punishment is to be inflicted; it is sometimes necessary to hang a man, villains often deserve whipping, and perhaps having their ears cut off; but are we in the future to be prevented from inflicting these punishments because they are cruel?
In the United States at the beginning of the 21st century, capital punishment is not seen as a violation of the Eighth Amendment ban on cruel and unusual punishment.
usinfo.state.gov /products/pubs/rightsof/punish.htm   (5287 words)

  
 Charlotte Observer | 12/20/2006 | Execution: Cruel and unusual punishment?   (Site not responding. Last check: )
That probably inflicted cruel and unusual punishment on the relatives of his victim.
Aside from the period between 1967 and 1976, when capital punishment was effectively suspended, the Supreme Court has consistently ruled that the death penalty does not violate the Eighth Amendment, but that some applications of it might.
Simmons (2005), the court ruled it was cruel and unusual punishment to put to death anyone who was under 18 at the time the crime was committed.
www.charlotte.com /mld/observer/news/opinion/16279109.htm   (644 words)

  
 Red Pint Rag - Cruel and Unusual Punishment
Included in the book are descriptions of the punishments inflicted on lawbreakers in the late 18th and early 19th centuries.
And even if such punishments were considered cruel at the time, they don’t seem to have been unusual.
In one case on record, a man wounded another and was sentenced to be whipped publicly, cropped on both ears, and branded on the arms with hot wire.
www.larryedwards.com /rpr/98_11/cruel.html   (399 words)

  
 Cruel and unusual punishment - Definition, explanation
The statement that the government shall not inflict cruel and unusual punishment for crimes is found in the English Bill of Rights signed in 1689 by William of Orange and Queen Mary II who were then the joint rulers of England following the 'Glorious Revolution' of 1688.
The "unusual" provision, at least, is clear: providing that persons will not be subjected to arbitrary, humiliating, or capricious punishment outside the normal course of the law (for example, tarring and feathering).
However, by the twentieth century, many people came to consider capital punishment to be cruel and unusual punishment.
www.calsky.com /lexikon/en/txt/c/cr/cruel_and_unusual_punishment.php   (449 words)

  
 Cruel and unusual punishment - Commentary - The Washington Times, America's Newspaper   (Site not responding. Last check: )
One wishes such considerations were available to relatives of the deceased, and to the deceased, themselves, who have no choice in the method of their execution, much less the option of continuing to live.
Aside from the period between 1967 and 1976, when capital punishment was effectively suspended, the Supreme Court has consistently ruled that the death penalty does not violate the Eighth Amendment but that some applications of it might.
Simmons (2005), the court ruled it was cruel and unusual punishment to put to death anyone under the age of 18 at the time they committed their crime.
www.washtimes.com /commentary/20061219-085629-9217r.htm   (797 words)

  
 JusticeLearning : Amendments
Prohibition against Cruel and Unusual Punishment: The better-known component of the Eighth Amendment is the prohibition against cruel and unusual punishment.
As a result, Eighth Amendment challenges to the death penalty have focused on the methods used to carry out executions, whether certain offenders (for example, juveniles or the mentally retarded) should be subject to the sentence and whether death sentences are decided in a fair manner and by an impartial jury.
It is not just criminal sentences themselves that are subject to the cruel and unusual test; the Eighth Amendment’s cruel and unusual provision has been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care and deliberate failure by officials to protect inmates from one another.
www.justicelearning.org /justice_timeline/Amendments.aspx?id=8   (423 words)

  
 Cruel and Unusual Punishment
Two Justices concluded that the death penalty per se was ''cruel and unusual'' because the imposition of capital punishment ''does not comport with human dignity' (Justice Brennan) or because it is ''morally unacceptable'' and ''excessive' (Justice Marshall).
Two Justices concluded that capital punishment was both ''cruel'' and ''unusual'' because it was applied in an arbitrary, ''wanton,'' and ''freakish'' manner (Justice Stewart) and so infrequently that it serves no justifying end (Justice White).
Neither is the punishment of death disproportionate to the crime being punished, i.e., murder.
faculty.ncwc.edu /toconnor/410/410lect16.htm   (2515 words)

  
 Life in Prison for Shoplifting: Cruel and Unusual Punishment - Human Rights Magazine, Winter 2004
The crime of petty theft with a prior in California is punishable by three years in prison, and two counts of petty theft with a prior is punishable by a maximum of three years and eight months in prison.
The punishments imposed on Ewing and Andrade were not just cruel and unusual, they were cruel and unique.
The Court clearly indicated a strong desire for deference to state governments in deciding the appropriate punishment for recidivists, and it may be very difficult to show that a sentence is so disproportionate as to constitute cruel and unusual punishment.
www.abanet.org /irr/hr/winter04/shoplifting.html   (2057 words)

  
 Cruel and unusual punishment   (Site not responding. Last check: )
The statement that the government shall not inflict cruel and unusual punishment for crimes is found in the English Bill of Rights signed in 1689 by William of Orange and Queen Mary II who were then the joint rulers of England following the ' Glorious Revolution ' of 1688.
Very similar words ('No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment') appear in Article Five of the Universal Declaration of HumanRights adopted by the United NationsGeneral Assembly (A/RES/217, December 10, 1948).
However, there have been some cases which have resulted in the prohibition of thedeath penalty in certain circumstances, such as the execution of a minor under the age of 16, or of a mentally handicapped person.
www.therfcc.org /cruel-and-unusual-punishment-6224.html   (365 words)

  
 Statutes & Constitution :Constitution : Online Sunshine
--Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions.
The prohibition against cruel or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the United States Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United States Constitution.
Punishment of contempt of an interim legislative committee shall be by judicial proceedings as prescribed by law.
www.leg.state.fl.us /index.cfm?Mode=Constitution&Submenu=3&Tab=statutes   (14342 words)

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