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The fixing of punishment for crime and penalties for unlawful acts is within the police power of the state, and this Court cannot interfere with state legislation in fixing fines, or judicial action in imposing them, unless so grossly excessive as to amount to a deprivation of property without due process of law. Where a state antitrust law ...
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 ...
The state secrets privilege is related to, but distinct from, several other legal doctrines: the principle of non-justiciability in certain cases involving state secrets (the so-called "Totten Rule"); [6] certain prohibitions on the publication of classified information (as in New York Times Co. v. United States, the Pentagon Papers case); and the use of classified information in criminal ...
Restraint, a practice that reduces students’ ability to move, and seclusion, which involuntarily places children in isolation, can now only be used if a student or staff member is in imminent ...
The void for vagueness doctrine requires that laws are so written that they explicitly and definitely state what conduct is punishable. The doctrine thus serves two purposes. First, all persons receive a fair notice of what is punishable and what is not. Second, it helps prevent arbitrary enforcement of the laws and arbitrary prosecutions. [2]
The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...
Virginia's Bill of Rights states: "That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion or rebellion, the public safety may require; and that the General Assembly shall not ...
The California state prison system has been under official scrutiny for decades, springing from a 1995 decision by a federal judge finding a pattern of egregious violence perpetrated by guards at ...