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"Cruel and Unusual Punishments": Use and Misuse of the Eighth Amendment

J. Michael McWilliams
American Bar Association Journal
Vol. 53, No. 5 (MAY 1967), pp. 451-455
Published by: American Bar Association
Stable URL: http://www.jstor.org/stable/25724019
Page Count: 5
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"Cruel and Unusual Punishments": Use and Misuse of the Eighth Amendment
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Abstract

The Eighth Amendment to the United States Constitution, which prohibits the infliction of "cruel and unusual punishments", has been applied by the Supreme Court to the states. But, Mr. McWilliams finds, at least two different standards have been employed for determining what is "cruel and unusual", and the recent case, Robinson v. California, while perhaps misusing the Eighth Amendment, portends a time when the amendment may have much wider application.

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