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Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter Of Fundamental Rights Of The European Union
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009. The Charter forms part of the area of freedom, security and justice (AFSJ) policy domain of the EU. It applies to all the bodies of the European Union and the Euratom which must act and legislate in accordance with its provisions, as the EU's courts will invalidate any EU legislation or ruling assessed as non-compliant with the Charter. The EU member states are also bound by the Charter when engaged in implementation of the European Union law. However, Poland has been granted a par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breaking Wheel
The breaking wheel or execution wheel, also known as the Wheel of Catherine or simply the Wheel, was a torture method used for public execution primarily in Europe from antiquity through the Middle Ages into the early modern period by breaking the bones of a criminal or bludgeoning them to death. The practice was abolished in Bavaria in 1813 and in the Electorate of Hesse in 1836: the last known execution by the "Wheel" took place in Prussia in 1841. In the Holy Roman Empire it was a "mirror punishment" for highwaymen and street thieves, and was set out in the '' Sachsenspiegel'' for murder, and arson that resulted in fatalities. Punishment Those convicted as murderers, rapists, traitors and/or robbers to be executed by the wheel, sometimes termed to be "wheeled" or "broken on the wheel", would be taken to a public stage scaffold site and tied to the floor. The execution wheel was typically a large wooden spoked wheel, the same as was used on wooden transport cart ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life In Prison
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may also exi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capital Punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Furman V
Furman may refer to: Places * Furman, Alabama, an unincorporated community in Wilcox County, United States * Furman, South Carolina, a town in Hampton County, United States * Furman, Alberta, Canada * Furman, Poland * Furman Bluffs, Marie Byrd Land, Antarctica * Furman Historic District, a historic district in the community of Furman, Alabama, United States Other * Furman (surname), including a list of people with the name * Furman, a unit of angular measure equal to (2−16) of a circle and named for Alan T. Furman * '' Furman v. Georgia'', a United States Supreme Court decision that temporarily abolished capital punishment in the U.S. * Furman Center for Real Estate and Urban Policy The Furman Center for Real Estate and Urban Policy is a joint center at New York University School of Law and the NYU Wagner School of Public Service. The Furman Center was established in 1995 to create a place where people interested in afforda ..., a joint center at New York University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William J
William is a male given name of Germanic languages, Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will (given name), Will, Wills (given name), Wills, Willy, Willie, Bill (given name), Bill, and Billy (name), Billy. A common Irish people, Irish form is Liam. Scottish people, Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play Douglas (play)#Theme and response, ''Douglas''). Female forms are Willa, Willemina, Wilma (given name), Wilma and Wilhelmina (given name), Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚ� ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Excessive Fines
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689. The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering. Under the Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still permitted in so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death Penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The Marshall Islands
The Constitution of the Marshall Islands is the supreme law of the Republic of the Marshall Islands, in force from 1 May 1979. Its text is both English and Marshallese. The Constitution was approved on 1 March 1979 by constitutional referendum, by 63% of voters. History Before the Marshall Islands become an independent state (1986), the Marshallese decided to have their own constitutional law in 1966. In 1976, a Constitutional Convention was organized with 46 elected members. This Convention drafted the Constitution of 1979, having into consideration a future independence status. Structure The Constitution of the Marshall Islands mixes British and American constitutional concepts based mainly on Westminster system, with a legislative branch that originates the executive branch, with an independent judicial branch. The legislature is a bicameral institution, consisting of the Council of Irooij (Traditional High Chiefs) and the elected Nitijeļā (Parliament). The Nitije� ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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