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Punishment

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In criminal law. Any pain, penalty, suffering or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him or for his omission of a duty enjoined by law. See Cummings v. Missouri, 4 Wall. 320, 18 L. Ed. 356; Featherstone v. Pcople, 194 III. 325, 62 N. E. 684; Ex parte Howe, 26 Or. 181, 37 Pac. 536; State v. Grant, 79 Mo. 129, 49 Am. Rep. 2ia

Cruel and unusual punishment. Such punishment as would amount to torture or barbarity, and any cruel and degrading punishment not known to the common law, and also any punishment so disproportionate to the offense as to shock the moral sense of the community. In re Bayard, 25 Hun (N. Y.) 546; State v. Driver, 78 N. C. 423; In re Kemmler, 136 U. S. 436, 10 Sup. Gt. 930, 34 In Ed. 519; Wilker-son v. Utah, 99 U. S. 130, 25 L. Ed. 345; State v. Williams, 77 Mo. 310; McDonald v. Com., 173 Mass. 322, 53 N. E. 874, 73 Am. St. Rep. 293; People v. Morris, 80 Mich. 638, 45 N. W. 591, 8 In It. A. 685.