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300.18 Freedom From Cruel And Unusual Punishment (8th Amendment)

    300.18.1 Freedom From Cruel And Unusual Punishment: General Principles
    300.18.2 8th Amendment Cruel And Unusual Punishment: Applicability To Strict Liability
    300.18.3 8th Amendment Cruel And Unusual Punishment: Applicability To Capital Punishment

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PRACTICE NOTE: See LaFave & Scott, Substantive Criminal Law (West, 1986) § 2.14(f); see also NCJIC 301.7 [Death Penalty: Defendant’s Right To Personal Presence].

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PRACTICE NOTE: Criminal liability which is based upon a strict liability traffic offense which does not require any particular mental culpability may violate the Eighth Amendment. (See State v. Campbell (OH 1997) 691 NE2d 711, 715-18 [punishing involuntary manslaughter based on strict liability traffic offense was grossly disproportionate to the offense and shocked the community sense of justice].), but see State v. Weitcrecht (OH 1999) 715 NE2d 167, 171 [rejects Campbell on point].)

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 VOLUME 16 - CHAPTER 300

    See NCJIC Chapter 301 [Death Penalty: Federal Constitutional Principles].