
Excessive Fines and Strange Bedfellows
Advisory Opinions
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The Importance of Punishment in Prison
"I found it unpersuasive sort of as a matter of practical fact," he said. "To me strikes me as a reading of the word punishment that is extremely constricted, extremely constricted" The person who actually is doing the intentional act of sentencing you to jail prison is in the judicial branch; the person executing that punishment is in the executive branch. But this is another interesting problem with the Eighth Amendment analysis in general."
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