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Re:HM Prison – A Survival Guide (2015) by foldr on Friday October 06, 2017 @08:11AM (#15416135)
Prohibitions against X and Y unfortunately tend to be grammatically ambiguous. If your read it as "prohibited to do X and prohibited to do Y" rather than "prohibited to do [X and Y]", then it is equivalent to "prohibited to do [X or Y]". So for example, the statement "It is prohibited to bring fruits and vegetables across the border" would usually be taken to prohibit bringing fruits or vegetables alone.
Re:HM Prison – A Survival Guide (2015) by pc86 on Friday October 06, 2017 @02:27PM (#15419099)
Ok. We can argue grammatical pedantry all we want, I'm just saying what SCOTUS has said with regard to its interpretation of 8A specifically. There are three things not allowed: 1) excessive bail required; 2) excessive fines imposed; 3) cruel and unusual punishment. The application of a cruel but common punishment doesn't fit #3.