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CONSTITUTIONAL PROHIBITIONS OF CRUEL, INHUMANE OR UNNECESSARY DEATH, INJURY OR SUFFERING DURING LAW ENFORCEMENT PROCESS

NCJ Number
31676
Journal
Hastings Constitutional Law Quarterly Volume: 2 Issue: 4 Dated: (FALL 1975) Pages: 873-892
Author(s)
JJ PAUST
Date Published
1975
Length
20 pages
Annotation
EXAMINATION OF POLICE EXCESSIVE USE OF FORCE, THE LEGAL POLICIES WHICH PROHIBIT EXCESSIVE AND/OR CRUEL INJURY, DEATH OR SUFFERING UNDER INTERNATIONAL LAW, AND HOW THEY RELATE TO, AND SUPPLEMENT, THE DOMESTIC LEGAL PROCESS.
Abstract
THREE INTERRELATED ASPECTS OF DOMESTIC LAW ARE CONSIDERED: CONSTITUTIONAL PROTECTIONS UNDER THE FIFTH AND EIGHTH AMENDMENTS, THE RELATIONSHIP BETWEEN HUMAN RIGHTS LAW AND THE NINTH AMENDMENT, AND THE LEGAL RELEVANCE OF GENERAL INTERATIONAL LAW TO DOMESTIC DECISION-MAKING. SOME OF THE RELATED ASPECTS OF CRIMINAL LAW AND TORT SANCTIONS ARE ALSO COVERED.