April 25 - Search Seizure at Solano State Discovery o...

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April 25, 2008 o Prison overcrowding; staff are unable to focus on really bad inmates Weems v. US (1910) o American citizens imprisoned in the Philippeans for falsifying official document o To be shackled at night at ankle and wrist; then would continue when he got out of prison; was not to be in regular society in filipeans; lost right to privacy; o Called imprisonment plus; at time we had treaty with philipeans, the American would have right to final appeal with US Supreme Court; court found violation of the 8 th amendment; cruel and unusual o Court said problem is punishment is grossly disproportionate to crime o Important principle; prior to this was that the 8 th amendment only protected us against punishments considered cruel in 1789; court says when a punishment is truly, grossly disproportionate to crime, even if it didn’t violate 8 th amendment 150 years ago, it does violate it now; o Dissenters said founding fathers had tortures in mind, not concerned about length of
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April 25 - Search Seizure at Solano State Discovery o...

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