24-b-5 Protection Under State Constitutions and Statutes and Federal Statutes
| Library | A Jailhouse Lawyer's Manual (2020 Edition) |
24-B-5. Protection Under State Constitutions and Statutes and Federal Statutes
You have already read how state tort law and federal constitutional law protect your rights against assault. But do not forget that state constitutions and statutes also protect your right to be free from assault. For example, the New York State Constitution, like the federal Eighth Amendment, prohibits cruel and unusual punishment.168 Like the federal Fifth and Fourteenth Amendments, the New York Constitution does not allow you to lose your liberty without due process of law.169
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