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th amendment cruel and unusual punishment
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A homeless Army veteran is suing an Erie County Prison corrections officer, claiming the guard assaulted him in prison and left him brain-damaged.
Jerome McCallion, represented by Erie lawyer John Mizner, filed the civil rights complaint in U.S. District Court under the 8th Amendment, which bars cruel and unusual punishment.
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A homeless Army veteran is suing an Erie County Prison corrections officer, claiming the guard assaulted him in prison and left him brain-damaged.
Jerome McCallion, represented by Erie lawyer John Mizner, filed the civil rights complaint in U.S. District Court under the 8th Amendment, which bars cruel and unusual punishment.
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[...]ANSI/ SHRAE stated that appropriate temperatures are determined as a combination of outdoor temperature and the clothing worn by building occupants. To me, the saying that an individual is sent to prison as punishment and not for punishment is what corrections is all about. [...]it seems almost contradictory for correctional facilities to operate without air-conditioning.
... detainees' rights under the 14th Amendment (due process) and offenders' rights under the 8th Amendment (cruel and unusual punishment). The following case summar...
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Sounds like a nutty lawsuit, right? But last week, the U.S. 9th Circuit Court of Appeals agreed with the ACLU, ruling that the police cannot arrest people for sleeping or sitting on public sidewalks of skid row because it would violate the 8th Amendment's prohibition on cruel and unusual punishment. It's cruel and unusual, the court reasoned, because there are not enough shelter beds for every one of the more than 11,000 homeless people who live in the area.
Anyone who truly cares about the homeless will not rejoice in the court's decision. Law enforcement is not the problem. The LAPD has never swept the streets of downtown Los Angeles clear of the homeless, nor has it tried. But some attempt to restore order is necessary. For years, the anything-goes attitude toward skid row has create...
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Let the punishment fit the crime" is a view held by most cultures throughout the world.
And this view was acknowledged with the adoption of the 8th Amendment to the U.S. Constitution prohibiting cruel and unusual punishment.
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On March 2, 1998, Patrick Kennedy raped his 8-year-old stepdaughter in their Louisiana home. He was tried, convicted and sentenced to death by a jury under a state law enacted three years earlier authorizing capital punishment for child rape. Louisiana is one of six states that have such laws on the books. But on June 25, the Supreme Court, in a 5-4 ruling written by Justice Anthony Kennedy, struck down the Louisiana law, calling it unconstitutional - a violation of the 8th Amendment ban on "cruel and unusual punishment.
Now it turns out that Justice Kennedy - along with the Justice Department (and in particular, the solicitor general), lawyers for both sides and apparently all of the other Supreme Court justices and their clerks - apparently missed a critical piece of federal case law...
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Unless they meet certain thresholds dealing with safety of the community, a person charged with a crime is constitutionally guaranteed the right to bail. The rules determining the type of bond and conditions of release are governed by state law.
The New Mexico Constitution states that all people charged but not yet convicted are "bailable by sufficient sureties, except for capital offenses. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." The latter sentence echoes almost verbatim the 8th Amendment to the U.S. Constitution.
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The Food and Drug Administration has come a long way, baby, when it comes to upgrading warning labels for cigarettes.
First, the agency mandated the placement of printed warning labels on cigarette pack side panels.
... one law on their side, since the 8th Amendment prohibits cruel and unusual punishment. (Copyright...
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.... CRUEL AND UNUSUAL PUNISHMENT . According to the 8th Amen...