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...Nine of the states prohibited cruel and unusual punishment, but all allowed the death ...
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The Supreme Court has decided to review whether lethal injections constitute "cruel and unusual punishment" in capital crimes cases ("Court upholds lethal injection," Nation, Friday).
I believe this to be a denigration of our Constitution and the disparagement of our entire judicial system. When the Constitution was ratified, executions by hanging and the firing squad were almost daily occurrences in the states. Those methods were obviously not in violation of the Constitution. By comparison, lethal injections today are as humane as possible for the condemned.
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As Clarence Hill lay strapped to a gurney in Florida last week, intravenous lines connected and fatal chemicals ready to flow, the nation's highest court agreed to hear his case on how inmates may challenge lethal injection as cruel and unusual punishment.
In similar cases in days since, the U.S. Supreme Court has stopped two more executions by lethal injection, one in Florida and one in Missouri, but allowed two others, one in Texas and one in Indiana, to proceed.
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... serves to prevent the infliction of punishment prior to conviction. '. . . Unless this right to b... "excessive bail" provision, uttered by the Court in the same Term, reflect the ambiguity inherent i... a guarantee of moderate fines and against cruel and unusual punishments, and was inserted in the J...
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... him for having a drug addiction was cruel and unusual punishment. Chief Lawyer for Appellant...
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...Cruel and Unusual Evidence. The Eighth Amendment of the ...
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. . . CASES ADJUDGED. IN THE. SUPREME COURT OF THE UNITED STAT... the Eighth Amendment's prohibition on cruel and unusual punishments, and awarded Hudson damage...
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A lot rulings during that period were a reflection of the [William Rehnquist] court's view that we don't need to control or regulate the death penalty, this is a state function," [Richard Dieter] says. "Executing juveniles and the mentally retarded aren't things that we necessarily think are the best as individuals, but there's no constitutional violation.
[Anthony Kennedy]'s evolution is only the most recent example of how a justice's views on capital punishment can be tempered over time. Former Justice Harry Blackmun was once a firm supporter of the death penalty, but in a 1994 dissent he wrote: "From this day forward, I no longer shall tinker with the machinery of death. ... I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed."...
...Texas death case arguments are hardly unusual fare for the nation's highest tribunal, given our ... Texas inmates are among the eight capital cases the court has agreed to hear this term. Divining h... found that neither situation counted as "cruel and unusual punishment," as prohibited by the Eigh...
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Even in cases they decide not to review, justices of the U.S. Supreme Court are not shy about openly debating the hot-button issue of capital punishment.
Justice John Paul Stevens famously used the vehicle of a statement accompanying a denial of certiorari to explain his contention that the death penalty system violated the Eighth Amendment's ban on cruel and unusual punishment.
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... UNITED STATES COURT OF APPEALS. FOR THE NINTH CIRCUIT. CRYSTAL ... Clause," the Court held that "[i]f it is cruel and unusual punishment to hold convicted criminals... Amendment cruel and unusual punishment cases, the Youngberg Court noted that "[p]ersons who hav...