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3 Cards in this Set

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Which Amendment is the primary constitutional check on sentencing

8th Amendment

8

Whats the 3 approaches to interpreting the clause against cruel and unusual punishment

1. Limits methods to inflict punishments


2. Prohibits the criminal punishment of certain acts


3. Restricts the amount of punishment of certain acts

Limit restricts prohibits

3 criteria courts generally consider when judging if a method is cruel and unusual

Social Value -is it justified ok by society


Penological Purpose -punishment must be strictly and going to justify the rehabilitation


Human dignity -is the punishment ok and are they treated as humans with dignity

Pph