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Keyword: 8thamendment

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  • Slender Man attorneys call charging law unconstitutional (WI)

    05/26/2015 11:43:40 AM PDT · by afraidfortherepublic · 17 replies
    Milwlaukee Journal Sentinel ^ | 5-26-15 | Bruce Vielmetti
    Leading into a key hearing in her case Tuesday, one of two Waukesha girls charged in the Slender Man stabbing case has asked a judge to declare the law that required her to be charged as an adult unconstitutional and dismiss the case. Attorneys for 13-year-old Anissa Weier filed a motion last week challenging the law as it applies to her, saying it violates the Eighth Amendment's ban on cruel and unusual punishment, and that keeping her from the juvenile court system violates her rights to equal protection and due process. Weier and Morgan Geyser, 12, are charged as adults...
  • Lawyers for donkey-sex suspect challenge law's constitutionality

    12/13/2012 6:42:24 PM PST · by Tolerance Sucks Rocks · 35 replies
    The Gainesville Sun ^ | December 11, 2012 | Vishal Persaud
    OCALA - Lawyers representing a Marion County man accused of sexual activity with a miniature donkey have filed a motion asking a judge to declare the Florida statute banning sexual activities with animals unconstitutional. Carlos R. Romero, 32, declared last week that he wanted to take his case to trial. He is accused of sexual activities involving animals, a first-degree misdemeanor, after he allegedly was found in a compromising position in August with a female miniature donkey named Doodle. In the motion filed in Marion County court on Dec. 6, the assistant public defenders handling Romero's case — Joshua Wyatt,...
  • Life Terms for Teen Killers: Neither Cruel Nor Unusual

    07/17/2012 5:59:15 AM PDT · by Kaslin · 14 replies
    Townhall.com ^ | July 17, 2012 | Jeff Jacoby
    IN A COLORADO TOWN in 1996, Verle Mangum bludgeoned Janet and Jennifer Davis to death. Janet, a 42-year-old nurse's aide, had come home from work and discovered Mangum, then 17, having sex with her 11-year-old daughter, Jennifer. When Janet reached for the phone to call the police, Mangum picked up a baseball bat and fatally bashed her with it. He then used the bat to murder Jennifer as she cowered in the bedroom. A jury eventually convicted Mangum of both murders. Under Colorado law he was given a mandatory sentence of life in prison without parole. In 2007, when the...
  • $1.7 million verdict for inmate's untreated cancer { Illegal Alien }

    11/11/2010 5:00:43 PM PST · by SmithL · 21 replies
    San Francisco Chronicle ^ | 11/11/10 | Bob Egelko, Chronicle Staff Writer
    LOS ANGELES -- A jury has hit the state with $1.73 million in damages in a suit by the family of an illegal immigrant who died of penile cancer that went untreated during more than a year in state and federal custody. The Los Angeles Superior Court jury found state prison doctors partly to blame Wednesday for the death of Francisco Castaneda in February 2007. A separate suit against the federal government is tentatively scheduled for trial in April, the family's lawyers said Thursday.
  • Torture memos resemble Clarence Thomas' way of thinking

    03/07/2010 4:07:02 PM PST · by americanophile · 19 replies · 87+ views
    L.A. Times ^ | March 7, 2010 | David G. Savage
    Reporting from Washington - According to Supreme Court Justice Clarence Thomas, a prisoner who was slammed to a concrete floor and punched and kicked by a guard after asking for a grievance form -- but suffered neither serious nor permanent harm -- has no claim that his constitutional rights were violated. Thomas objected when the high court, in a little-noted recent opinion, said this unprovoked and malicious assault by a North Carolina prison guard amounted to cruel and unusual punishment. The court's decision came a few days after Thomas' now-famous former law clerk John C. Yoo was charged with flawed...
  • Jury rules against Minn. woman in download case

    06/18/2009 8:36:30 PM PDT · by Free ThinkerNY · 37 replies · 1,523+ views
    Associated Press ^ | June 18, 2009 | STEVE KARNOWSKI
    MINNEAPOLIS – A replay of the nation's only file-sharing case to go to trial has ended with the same result — a Minnesota woman was found to have violated music copyrights and must pay huge damages to the recording industry. A federal jury ruled Thursday that Jammie Thomas-Rasset willfully violated the copyrights on 24 songs, and awarded recording companies $1.92 million, or $80,000 per song. Thomas-Rasset's second trial actually turned out worse for her. When a different federal jury heard her case in 2007, it hit Thomas-Rasset with a $222,000 judgment.
  • Obama DOJ Sides With RIAA

    03/23/2009 6:02:54 PM PDT · by Free ThinkerNY · 23 replies · 1,285+ views
    slashdot.org ^ | March 22, 2009 | timothy
    NewYorkCountryLawyer writes"The Obama Administration's Department of Justice, with former RIAA lawyers occupying the 2nd and 3rd highest positions in the department, has shown its colors, intervening on behalf of the RIAA in the case against a Boston University graduate student, SONY BMG Music Entertainment v. Tenenbaum, accused of file sharing when he was 17 years old. Its oversized, 39-page brief (PDF) relies upon a United States Supreme Court decision from 1919 which upheld a statutory damages award, in a case involving overpriced railway tickets, equal to 116 times the actual damages sustained, and a 2007 Circuit Court decision which held...
  • the 8th Amendment

    03/02/2009 4:15:10 PM PST · by SunkenCiv · 13 replies · 963+ views
    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  • Humane Treatment for the Inhumane

    11/28/2004 1:25:01 PM PST · by CHARLITE · 1 replies · 179+ views
    PATRIOT VOCALS.INFO ^ | NOVEMBER 28, 2004 | JEFF "MARIO" SMITH
    As I returned from church and sat down to relax by reading the local liberal news rag, that mind-control mechanism for sheeple and liberals, I was slammed with a front-page article called “Humanity in death”. I sometimes make the effort to read through this bastion of liberal slant and omission of truth in order to gat a glimpse into what the “enemy within” is up to. It appears these leftists now want us to eliminate the practice of lethal injection as a form of capital punishment, because it is allegedly inhumane according to one death row inmate and his team...