Cruel and Unusual Punishment: Rights and Liberties Under the Law

Front Cover

In one of the lengthiest, noisiest, and hottest legal debates in U.S. history,Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue.

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Contents

III
1
V
7
VI
8
VII
12
VIII
26
IX
29
X
39
XI
47
XXXI
204
XXXII
207
XXXIII
208
XXXIV
209
XXXV
213
XXXVI
214
XXXVII
215
XXXVIII
217

XII
65
XIII
67
XIV
70
XV
74
XVI
80
XVII
87
XVIII
104
XIX
111
XX
136
XXI
139
XXII
155
XXIII
162
XXIV
175
XXV
177
XXVI
197
XXVII
200
XXVIII
201
XXIX
202
XXX
203
XXXIX
226
XL
229
XLI
235
XLII
242
XLIII
249
XLIV
256
XLV
262
XLVI
270
XLVII
283
XLVIII
291
XLIX
302
L
314
LI
323
LII
329
LIII
333
LIV
339
LV
349
LVI
361
Copyright

Common terms and phrases

Popular passages

Page 205 - He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise ; the State remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within.
Page 63 - That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.
Page 203 - That it is the right of the subjects to petition the king ; and all commitments and prosecutions for such petitioning are illegal.
Page 301 - The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.
Page xi - Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.
Page 202 - No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.
Page 203 - AN ACT DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.
Page 200 - Thou shalt not covet thy neighbor's house, thou shalt not covet thy neighbor's wife, nor his man-servant, nor his maid-servant, nor his ox, nor his ass, nor anything that is thy neighbor's.
Page 204 - That the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of parliament.
Page 288 - ... (3) if raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased.

About the author (2003)

Joseph A. Melusky is chair of the Department of History and Political Science at Saint Francis University, Loretto, PA.

Keith A. Pesto is a United States magistrate judge for the Western District of Pennsylvania.

Bibliographic information