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cruel and unusual punishment :: legal definition


Cruel and unusual punishment - n. governmental penalties against convicted criminal defendants which are barbaric, involve torture and/or shock the public morality. They are specifically prohibited under the Eighth Amendment to the U.S. Constitution. However, nowhere are they specifically defined. Tortures like the rack (stretching the body inch by inch) or the thumbscrew, dismemberment, breaking bones, maiming, actions involving deep or long-lasting pain are all banned. But solitary confinement, enforced silence, necessary force to prevent injury to fellow prisoners or guards, psychological humiliation and bad food are generally allowed. In short, there is a large gray area, in which "cruel and unusual" is definitely subjective based on individual sensitivities and moral outlook. The U.S. Supreme Court has waffled on the death penalty, declaring that some forms of the penalty were cruel and prohibited under the Furman case (1972), which halted executions for several years, but later relaxed the prohibition. The question remains if the gas chamber, hanging or electrocution are cruel and unusual. For instance, hanging is certainly cruel but was not unusual at the time the Bill of Rights was adopted.

See also: capital punishment and Related Law Terms ↓


Related Law Terms

answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court

Popular Law Searches

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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
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Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.