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No. Police are not permitted to impose any punishment whatsoever. Their role in the American justice system is to prevent and investigate criminal offenses. What you're describing is a punishment for a criminal offense, even though it is imposed outside the criminal justice system. The same principles that prevent an officer from punching a suspect in the ...


3

A punishment is basically a harm to someone's person, liberty, dignity, or property imposed primarily for the purpose of harming someone, rather than to accomplish some non-punitive end such as apprehending a suspected criminal, securing compliance with a court order, exchanging truthful facts, or compensating someone for harm legally attributable to the ...


3

As a preliminary note, the mandate that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” can be interpreted two ways, (a) prohibiting punishments which are cruel as well as those which are unusual, or (b) prohibiting just those which are both cruel and unusual. The courts have not interpreted ...


3

The 8th Amendment is much stronger in prohibiting types of punishment than in prohibiting disproportionate punishments. Corporal punishment such as a slap on the hand, is per se prohibited under the 8th Amendment as punishment for a criminal offense, whether or not the consent of the person upon whom it is imposed is obtained (subject to narrow exceptions ...


1

The Eighth Amendment to the United States Constitution states that "cruel and unusual punishments [shall not be] inflicted." The general principles that the United States Supreme Court relied on to decide whether or not a particular punishment was cruel and unusual were determined by Justice William Brennan. In Furman v. Georgia, 408 U.S. 238 (1972)...


1

If the government are not punishing you as part of a criminal offense, then under what guise are they subjecting you to physical punishment? (Separating the "police" out of this, as it's really "the government" more broadly here.) If they subject you to physical punishment not part of a criminal proceeding, and in a venue not otherwise ...


1

The actual method of amending the Constition is spelled out in Article V – originalism would reject the position that there are other ways to amend it. We can see the result in the ratified amendments. Originalism is a theory of interpretation, not a theory of drafting, and it hold that the words of the law, be it the Constitution or a particular statute, ...


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