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Graham

Radiolab

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The 4th Amendment Is a Cruel and Unusual Punishment

In the mid 80s, there was this swell of police use of force cases kind of bubbling up in the courts. Most of the courts were using the 14th Amendment malicious intent standard that Jerry and Woody didn't like. But then there was also in the number of cases the 8th Amendment. The 8th is a cruel and unusual punishment. Which doesn't totally explain itself.

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