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
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

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.