Cruel_and_Unusual_Punishment

Cruel_and_Unusual_Punishment - Exce s s ive bail s hall not...

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“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” -8 th Amendment United S tates Constitution
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The 8 th Amendment The 8th Amendment was adopted, as part of the Bill of Rights in 1791. It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done. ..that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
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Cruel and Unusual Punishments According to the Supreme Court, the 8 th Amendment forbids some punishments entirely, and forbids some other punishments that are excessive when compared to the crime, or compared to the competence of the perpetrator.
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Louisiana ex rel. Francis v. Resweber (1947) The Supreme Court assumed that the Cruel and Unusual Punishments Clause applied to the states through the Due Process Clause of the Fourteenth Amendment.
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Punishments Forbidden Regardless of the Crime In Wilkerson v. Utah (1878), the Supreme Court commented that drawing and quartering, public dissecting, burning alive, or disemboweling would constitute cruel and unusual punishment regardless of the crime. In Skinner v Oklahoma (1942) the Supreme Court ruled that forced sterilization for crimes was unconstitutional – continued until the 1960s for the mentally ill
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Trop v. Dulles
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This note was uploaded on 11/27/2011 for the course HISTORY 103 taught by Professor Livingston during the Fall '08 term at Rutgers.

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Cruel_and_Unusual_Punishment - Exce s s ive bail s hall not...

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