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Cruel and Unusual

What Roman Mars Can Learn About Con Law

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Question the Constitutionality of Punishments

The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments, yet its application lacks clarity in modern contexts. The Supreme Court's ruling in Lawrence Robinson's case clarified that criminalizing a person's status can violate this amendment, focusing on the fundamental issue of the law itself rather than the specific punishment handed down. While certain historical punishments are clearly deemed cruel, the challenge lies in identifying modern applications that fit within the parameters of the amendment, indicating that the constitutionality of laws targeting individual behavior can lead to significant legal questions.

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