However, Roper reaffirms the principle that a majority of the Supreme Court has adhered to for almost the past 50 years that Eighth Amendment standards of cruel and unusual punishment
can change over time.
prohibition of excessive fines and cruel and unusual punishments
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
The Supreme Court has recently interpreted the Eighth Amendment prohibition of cruel and unusual punishment
in a narrow manner, plaintiffs must now prove the "deliberate indifference" of defendants.
So too, the claim that shaming punishments meet the legal definition of cruel and unusual punishment
Justice Sandra Day O'Connor, writing for the 5-4 majority, said the 25-years-to-life sentences did not violate the Eighth Amendment's prohibition against cruel and unusual punishment
In some cases, this approach will also violate prohibitions against cruel and unusual punishment
17 - filed their petition the day of the controversial execution of quadruple-murderer Williams, arguing that their client's advanced age (75) and infirmities made lethal injection a cruel and unusual punishment
In the context of hate crime, I do have some regrets that we have a constitutional prohibition against cruel and unusual punishment
," lamented Young--the Canadian Alan Dershowitz--in a March 28 Toronto Star column.
The court held that conditions of confinement deriving from the juvenile's classification as a suicide risk did not constitute punishment prohibited by the Due Process Clause, or cruel and unusual punishment
The court held that the district must employ the "due process" analysis to determine whether the conditions of confinement amounted to "punishment" that was improperly imposed prior to the adjudication of guilt, not the Eighth Amendment standards regarding cruel and unusual punishment
In one of his appeals, Frank argued that the length of time he spent on Death Row appealing was itself cruel and unusual punishment