| United States. Congress. Senate. Committee on the Judiciary - 1976 - 1072 pages
...punishment must not be excessive. A punishment is excessive under this principle if it is unnecessary : The infliction of a severe punishment by the State...which the punishment is inflicted, the punishment inflicted is unnecessary and therefore excessive. It is unlikely that this Court will confront a severe... | |
| Mark Tushnet - 1997 - 257 pages
..."prohibits the infliction of uncivilized and inhuman punishments." Punishment could not be excessive, and "[i]f there is a significantly less severe punishment adequate to achieve the purposes for which punishment is inflicted," the punishment would be unconstitutional. The death penalty "has been almost... | |
| Hugo Adam Bedau - 2004 - 268 pages
...excessive under this principle if it is unnecessary: . . . The infliction of a severe punishment . . . cannot comport with human dignity when it is nothing more than the pointless infliction of suffering."28 It too frequently goes unnoticed that no other Justice in the Furman majority, and none... | |
| Evan J. Mandery - 2005 - 746 pages
...punishment must not be excessive. A punishment is excessive under this principle if it is unnecessary: The infliction of a severe punishment by the State...which the punishment is inflicted, the punishment inflicted is unnecessary and therefore excessive. The test, then, will ordinarily be a cumulative one:... | |
| Elihu Lauterpacht, C. J. Greenwood - 2005 - 934 pages
...punishment must not be excessive. A punishment is excessive under this principle if it is unnecessary. ... If there is a significantly less severe punishment...which the punishment is inflicted, the punishment inflicted is unnecessary and therefore excessive. Righteous anger against those who destroy the human... | |
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