Education and Reference Q&A
"Disproportionate" punishment?
Thank You!
Answers:
Look up those words in one of the legal reference books that record cases as you would have to give examples to differentiate.
Disproprortionate punishment means where on earth the crime does not fit with the punishment. If the crime was minor then punishment should be within proportion or to the same degree. If big crime, big punishment. To find out the reall differences you would need to compare cases to find where on earth the judge said it was disproportionate punishment and tohse cases that the judge held be not disproportionate.
In law school you find cases on each side and afterwards you prove your case is more like ones that were positive than the ones that are distrustful. There are always cases going one way and some the other way and some give the impression of being so alike that it is hard to differentiate. So you find out how they are alike and how different and then argue it for your side.
Moot court has a scenario and after you choose cases and argue that they are appropriate to your case and argue why it is not like the contrary cases.
So if someone slaps someone you don't give them a poisonous injection but it is assault and might depend on what was said and the punishment would need to fit the crime. Could be a time in send to prison if it were criminal charge. If it is civil charge, then it could be a fine or damages for any actual injury and for pain and suffering and specifically appropriate to what happened and the hurt actually suffered.
I hope that helps you.
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