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“The principle inherent in the clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment.” quote by Anonymous
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“The principle inherent in the clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment.”

Anonymous

About This Quote

Source Legal Treatise: Criminal Law Commentary, 2010

Punishments should be proportional; excessive penalties are invalid when lesser ones suffice.

In simple terms: Use the least severe punishment needed.

Key Takeaway

Apply proportionality in sentencing.

Themes

justice ethics law

Mood

thoughtful serious

Type

legal philosophical

When to use this quote

  • court sentencing
  • policy drafting
  • criminal justice reform

Key Concepts

proportionality human rights penology

Questions to Reflect On

  • When is a harsher penalty justified?
  • How to assess adequacy of lesser punishments?
A Different Perspective

Balancing deterrence and fairness can be complex.

3.2 out of 5 (7 ratings)

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