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24/7/365 Emergency Hotline: 631-348-1702

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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

What is Cruel and Unusual Punishment?

The Eighth Amendment of the Constitution of the United States says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In theory, this means that the courts cannot assign any “cruel and unusual punishment” on any United States citizen. But what exactly makes a punishment cruel and unusual, and when does a court go too far in assigning a punishment for a crime?

The fact of the matter is that courts generally have broad authority when it comes to assigning punishments for crimes. While many states have clearly defined statutory minimum or maximum sentences for various crimes, judges have a significant latitude within those statutory limits. This also doesn’t prevent judges from occasionally getting creative with their sentencing, such as requiring a defendant to write a book report or asking a defendant to walk around town with a sign describing their crime.

The primary issue in arguing an Eighth Amendment case is that the punishment must both be “cruel” and “unusual” to be barred, and both can be somewhat subjective. That’s why, most of the time, the Eighth Amendment bar on cruel and unusual punishment comes up in cases where a person has been convicted of a capital crime and faces the death penalty. Occasionally, however, the topic of cruel and unusual punishment comes up when conditions at a jail or prison are particularly abysmal, or where a defendant has suffered particularly badly at the hands of prison guards or staff. It’s rare for the court to overturn or reduce a sentence on Eighth Amendment grounds, however, and it takes a truly “unusual” case for a punishment to be legally considered cruel and unusual.

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

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I had an incredible experience working with this law firm for my case. Chris and Karen were so supportive and communicative during the process and it was such a pleasure speaking with them. I had a difficult case and I reached out to them with such short notice, only 24 hours in advance and they were able to show up to my court date the very next morning and also got my case dismissed. I was really impressed when they started to working on my case immediately while I was still there. They are very efficient and I felt like they really cared about my situation. Everyone in the office is really friendly and communicative and they made the process truly stress free. The office is really nice and the waiting area is pleasant as well. If you feel uneasy or unsure , be assured that this firm will have you feeling relieved and happy with the results. I would refer this firm to anyone in need of legal representation especially on late notice. Can wholeheartedly say they’re top notch lawyers. Thank you again
Chris is the man. I had an issue related to school matters and I was stressed and didn’t know who to turn to. I found Chris, and he was so helpful. He knows what he’s doing and we were able to get the outcome we wanted. Thank you! Will not hesitate to use you again should I need to. Whether it’s educational law, personal injury, etc. Very responsive and attentive.
Response from the owner:Thank you Rachel. Loved working for you. So happy with the outcome. Best. Chris
Son muy buenos abogados recomiendo este lugar excelente trabajo el de ellos
exelente abogado trabaja al 100 ayudando a la comunidad hispana al 100%
It’s always a pleasure doing business in this firm. They are professional, considerate and friendly.
Response from the owner:Thank you Jenny!
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