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Old 07-03-2008, 04:51 PM   #4 (permalink)
loquitur
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Location: NYC
I used to have a theory that "cruel and unusual punishment" had to be read the same way as the other phrase in the same sentence of the 8th amendment, "no excessive fines." In other words, it's a proportionality rule: punishments have to fit the crime, so you can't behead someone for jaywalking, or torture people for property crimes. But that's not how the Supreme Court has been reading it.
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