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The 8th Amendment is based on Cesare Beccaria's On Crimes And Punishments and the term "cruel and unusual" specifically means the punishment should be proportio
by RyanMcGreal 13y ago
The 8th Amendment is based on Cesare Beccaria's On Crimes And Punishments and the term "cruel and unusual" specifically means the punishment should be proportionate to the crime.
- btilly 13y agoI find this theory unlikely given that many sources and a number of US legal cases cite a clause of the English Bill of Rights of 1689 as the source. Said clause being, That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; See http://www.constitution.org/eng/eng_bor.htm http://www.constitution.org/eng/eng_bor.htm for the full bill in question. That Cesare Beccaria's comments could have given the idea more force I can believe. But they are not the source. Nor am I aware of any court case that has specifically discussed Cesare Beccaria for trying to understand this clause. By contrast search https://supreme.justia.com/cases/federal/us/501/957/case.html https://supreme.justia.com/cases/federal/us/501/957/case.htm... for comments about Titus Oakes (the historical cause of that clause).
- mithras 13y agoDoesn't this make various three strike laws unconstitutional?
- RyanMcGreal 13y agoI certainly think so, not to mention inhumane, fiscally irresponsible and in defiance of all evidence about how to craft an effective criminal justice system.