Cruel and Unusual Punishments Prohibited

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Punishment by flogging or by branding, marking, or tattooing on the body or any other cruel or unusual punishment shall not be adjudged by a court-martial or inflicted upon any person subject to this article. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

(Code 1981, §38-2-1055, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

Cross references.

- Cruel and unusual punishment, U.S. Const., amend. 8 and Ga. Const., 1983, Art. I, Sec. I, Para. XIV.

Prohibition against whipping as punishment for crime, Ga. Const. 1983, Art. I, Sec. I, Para. XVIII.

U.S. Code.

- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 855.

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Military and Civil Defense, § 218.


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