cruel and unusual punishment clause

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3.829 documents for cruel and unusual punishment clause

- State v. Medezmapalomo, (Ohio 2010)
C. 2923.131(B) not unconstitutional - no violation of equal protection clause and no violation of cruel and unusual punishment clause.
- Ohio Supreme Court
- Ronnie Johnson v. Michael Wenerowicz, (3rd Cir. 2011)
... due process rights, the Equal Protection Clause of the Fourteenth Amendment, the Cruel and Unusuall Punishment Clause of the Eighth Amendment, and the Pennsylvan...
- Federal Circuits
- State v. Bell, (Ohio 2011)
Defendants guilty plea affirmed. Plea was knowingly, intelligently, and voluntarily made as the trial court properly advised defendant of postrelease control (nonconstitutional right). Imposition of postrelease control does not violate the cruel and unusual punishment clause of the Eighth Amendment to the United States Constitution.
- Ohio Supreme Court

- Non-Economic Individual Rights
§ 23.1 Civil Rights Protections: The Second, Third & Seventh Amendments & The Full Faith and Credit Clause of Article IV, § 1. § 23.1.1 The Second Amendment: Right to Bear Arms. § 23.1.2 The Third Amendment: Protection Against Quartering of Soldiers In Individuals' Homes. § 23.1.3 The Seventh Amendment: Right to Jury Trial in Actions At Common Law. § 23.1.4 The Full Faith and Credit Clause. § 23.2 Criminal Defendants' Rights. § 23.2.1 The Fourth, Fifth, Sixth, and Eighth Amendments. § 23.2.1.1 The Fourth Amendment: Protection Against Unreasonable Searches and Seizures. § 23.2.1.2 The Fifth Amendment: Grand Jury Indictment, Double Jeopardy, Privilege Against Self-Incrimination, and Due Process of Law. A. Requirement of Grand Jury Indictment. B. Protection Against Double Jeopardy. C. Priv...

... decision whether a particular punishment is criminal or civil. As has been noted, "The Bill... be analyzed only under the Eighth Amendment Cruel and Unusual . Punishments and Excessive Fines Cla...
- The Path of Constitutional Law
- Council of State's Role in Death Penalty Cases in a Legal Wrangle
Our view is that there is a reason the legislature assigned to the Council of State oversight over the passage of an execution protocol," says Hardy Lewis, lawyer for James Campbell, one of the death row inmates. "If we didn't need to shine some light on the process of the execution protocol, why don't we just do it the way we do everything else on DOC [without oversight]?" he asks. At the federal level, the U.S. Supreme Court heard arguments last month in a Kentucky death penalty case, Baze v. Rees, in which the plaintiff argues that Kentucky's method of lethal injection-the same mediod used in North Carolina-violates the cruel and unusual punishment clause of the Eight Amendment because lethal injections cause an unnecessary risk of pain and suffering. The Supreme Court case will lik...
- Independent Weekly, The; Durham, N.C.
- August 24, 2009
- State v. Taylor, (Ohio 2009)
Abuse of discretion; clearly and convincingly contrary to law; cruel and unusual punishment clause; Eighth Amendment; ex post facto clause; R.C. 2929.11; R.C. 2929.12; sentence
- Ohio Supreme Court
- Foreword: Montana v. Egelhoff - reflections on the limits of legislative imagination and judicial authority.
The Supreme Court upheld in Montana v. Egelhoff a statute from that state that the use of alcohol was not mitigating of criminality. The decision eliminates the Cruel and Unusual Punishment Clause as a limit on the proportionality of punishment, thereby continuing the Court's progression of reducing the proportionality component to virtual nonsignificance and erecting nothing in its place. The real question in the case is whether there are constitutional constraints on substantive criminal offenses.
- Journal of Criminal Law and Criminology
- Vol. 87 Nbr. 3, March 1997
- Kennedy v. Louisiana, 554 U.S. (2008)
... a state statute authorizing capital punishment for the rape of a child under 12. The State Suprem...Pp. 8-36. . . 1. The Amendment's Cruel and Unusual Punishment Clause "draw[s] its meaning...
- U.S. Supreme Court
- State v. Williams, (Ohio 2008)
Senate Bill 10; classification and registration provisions; residency provision; Ohio Constitution's ban on retroactive laws; ex post facto clause; double jeopardy; separation of powers doctrine; cruel and unusual punishment.
- Ohio Supreme Court
- Capital punishment, psychiatrists and the potential 'bottleneck' of competence.
... a manner "especially heinous, atrocious or cruel" and recommended a death sentence. (4) Judge Cecil... for execution under the "cruel and unusual punishment" clause of the state constitution, ther...
- Journal of Law and Health
- Vol. 24 Nbr. 1, March 2011