Читать книгу The Handy Law Answer Book - David L Hudson - Страница 145

EIGHTH AMENDMENT How does the Court determine whether punishment is cruel and unusual?

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Courts ask whether the punishment comports with what are called “contemporary, evolving standards of decency.” They also examine whether the punishment for a crime is disproportionate to the offense. For example, a 20-year prison term for shoplifting a small amount of merchandise would appear to be quite disproportionate. The Courts also examine whether the punishment is directly related to legitimate penological objectives.

The Handy Law Answer Book

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