11:21
he was already vomiting and shitting in a hole I think he did his penance
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Simple English definitions for legal terms
shock the conscience
Read a random definition: res privatae
A quick definition of shock the conscience:
Shock the conscience: To make someone feel very uncomfortable about what is right or wrong. This phrase is used to decide if something is fair or not, like if a punishment is too harsh or if a contract is not fair. The court also uses this phrase to make decisions based on what is fair and just. For example, if a jury gives too much money in a lawsuit, the court might say it "shocks the conscience" and change the amount.
A more thorough explanation:
Definition: To cause intense ethical or humanitarian discomfort. This phrase is used as an equitable standard for gauging whether:
- State action amounts to a violation of a person's substantive-due-process rights
- A jury's award is excessive
- A fine or jail term is disproportionate to the crime
- A contract is unconscionable
Conscience of the Court: The court's equitable power to decide issues based on notions of fairness and justice. A standard applied by the court in deciding whether a party or a jury has acted within acceptable limits. Thus, in some cases, a jury's award of damages is upset because it is said to “shock the conscience of the court.”
Examples:
- A state law that allows for the execution of mentally disabled individuals would shock the conscience and violate their substantive-due-process rights.
- If a jury awards a victim of a car accident $10 million for a minor injury, it may be considered excessive and shock the conscience of the court.
- Imposing a life sentence for a minor traffic violation would be disproportionate to the crime and shock the conscience.
- A contract that requires a person to give up all their legal rights without any compensation would be considered unconscionable and shock the conscience of the court.
These examples illustrate how the concept of "shocking the conscience" is used as a standard to determine whether certain actions or decisions are ethical and justifiable. It is a way for the court to ensure that fairness and justice are upheld in legal proceedings.