715, 719 (2006) ("Torture would violate the constitutional prohibition against cruel and unusual punishment
Kennedy's majority opinion in Roper regards the views of state legislatures as the beginning point, but not necessarily the end point, in determining whether the national consensus regarding what is cruel and unusual punishment
has changed: "This data gives us essential instruction.
Common law thinkers considered the "gold" of the law to include the common law rights that developed and persisted over time, such as the right to due process of law, (169) indictment by grand jury, (170) habeas corpus, (171) the right not to be subjected to double jeopardy, (172) the right to taxation only with the consent of parliament, (173) and the right not to be subjected to cruel and unusual punishments
Understanding the Cruel and Unusual Punishments
Clause as a
The Supreme Court in its majority decision found that section 43 of the Criminal Code is constitutional and does not violate a child's rights to security of the person, equality and is not cruel and unusual punishment
In 1789, when the Eighth Amendment was ratified by the states as part of the Bill of Rights, cruel and unusual punishments
were, as a class, prohibited.
It protects against unwarranted searches and seizures and guarantees the right to face one's accusers in a speedy jury trial, the right to avoid self-incrimination, and freedom from excessive bail, excessive fines, and cruel and unusual punishment
Chain gangs deprive prisoners of their dignity and subject them to cruel and unusual punishment
Another of his suits led to a ruling that overcrowding at the state penitentiary constituted cruel and unusual punishment
The ordinance prohibiting anyone from sleeping, sitting or lying on public streets was declared unconstitutional Friday by the 9th Circuit Court of Appeals, which said it amounted to cruel and unusual punishment
The Massachusetts litigation alleges cruel and unusual punishment
in the DDU and is part of a larger trend of suits challenging supermax confinement on mental-health grounds.
In his first day on the Supreme Court, Alito voted to postpone the execution of the monstrous killer of a 15-year-old girl, to consider the insulting lie that ``lethal injection is cruel and unusual punishment