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The "excessiveness" of a punishment can be measured by two different aspects, which are independent of each other. The first aspect is whether the punishment involves the unnecessary and wanton infliction of pain. The second aspect is that the punishment must not be grossly out of proportion to the severity of the crime. [36] [37] In Miller v.
The constitutionality of sex offender registries in the United States has been challenged on a number of state and federal constitutional grounds. While the Supreme Court of the United States has twice upheld sex offender registration laws, in 2015 it vacated a requirement that an offender submit to lifetime ankle-bracelet monitoring, finding it was a Fourth Amendment search that was later ...
False imprisonment does not require a literal prison, but a restriction of the claimant's freedom of movement (complete restraint). According to the Termes de la Ley , 'imprisonment is the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the ...
There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words – those which by their very utterance inflict injury or tend to incite ...
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die and the victim's death was not intended.
There are only four grounds upon which the governor of the asylum state may deny another state's request for extradition: [5] the extradition documents facially are not in order; the person has not been charged with a crime in the demanding state; the person is not the person named in the extradition documents; or; the person is not a fugitive.
It is a rare alternative basis of breach. Ordinarily, it only applies when the plaintiff has little or limited access to the evidence of negligent conduct. Res ipsa loquitur requires that the defendant have exclusive control over the thing that causes the injury and that the act be one that would not ordinarily occur without negligence.
Regarding Near and Guilford's defense of freedom of the press under article 1, section 3 of the Minnesota Constitution, the State Supreme Court did not believe that the right was intended to protect the publishing of "scandalous material", but that it only provided "a shield for the honest, careful and conscientious press," not the "defamer and ...