Why was the eighth amendment made

    • [DOC File]SUBSTANCE AND PROCEDURE IN CAPITAL CASES: WHY …

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      The Eighth Amendment to the United States Constitution “guarantees individuals the right not to be subjected to excessive sanctions” and “flows from the basic ‘“precept of justice that punishment for crime should be graduated and proportioned to [the] offense.”’”

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    • Eighth Amendment to the United States Constitution - Wikipedia

      A quarter-century ago, the answer to this question was not at all clear. In 1972, in Furman v. Georgia, the United States Supreme Court held that the death penalty – at least under then-existing state and federal capital sentencing statutes – violated the Eighth Amendment’s prohibition on “cruel and unusual punishments.”

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    • [DOC File]Cruel and Unusual

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      EIGHTH AMENDMENT. Bell v. Wolfish (1979) ... These conditions, considered in their totality, did not constitute serious deprivation. Double-celling, made necessary by the unanticipated increase in prisoners in the facility, had not resulted in food deprivations, a decrease in the quality of medical care, or a decrease in sanitation standards.

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    • [DOC File]Opinion of the Court

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      The Eighth Amendment is a conjunction and a conjunction is true when both of its conjuncts are true of the matter in question. Since the clause in question is a conjunction there is thus little “semantic room” to follow Dworkin and distinguish “concepts” from “conceptions” in order to reinterpret a logical word like “and” as was ...

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    • [DOCX File]www.courts.ca.gov

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      The Eighth Amendment provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The provision is applicable to the States through the Fourteenth Amendment. Furman v. Georgia, …

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    • [DOC File]University at Buffalo

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      Aware of what the court left unsaid, he made explicit the inclusion of “psychological” harm: “As the Court makes clear, the Eighth Amendment prohibits the unnecessary and wanton infliction of ‘pain,’ rather than ‘injury.’ ‘Pain’ in its ordinary meaning surely …

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