Prohibited Punishments Flashcards
1
Q
Double Jeopardy
A
punishment for the same crime (5th amendment)
2
Q
Retroactively (ex post facto)
A
cant punish someone for a crime that was not a crime when the act was committed (Article 1 Section 9 and 10 of the Constitution
3
Q
Bill of Attainders
A
A bill of attainder is a legislative act that declares someone guilty of a crime and assesses a punishment without providing a trial to prove the crime. The prohibition applies to individual people and to groups
4
Q
8th Amendment
A
A cruel and unusual punishment - only if a sentence is “grossly disproportionate to the offense will the sentence be deemed cruel and unusual.
See Ewing Case
