Massachusetts Constitution, Articles 26. Cruel and unusual punishments
Massachusetts Constitution – Article 26: Cruel and Unusual Punishments
Article 26 is part of the Declaration of Rights in the Massachusetts Constitution and addresses protection against excessive or inhumane punishment.
🔹 Text of Article XXVI (26):
"No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments."
🔹 Key Protections:
No Excessive Bail
– Courts cannot set bail amounts so high that they effectively deny release before trial.
No Excessive Fines
– Fines must be proportionate to the offense.
No Cruel or Unusual Punishments
– Prohibits inhumane, torturous, or disproportionate punishments.
– Reflects the Eighth Amendment of the U.S. Constitution, though it may be interpreted independently under Massachusetts law.
🔹 Legal Impact:
Used in Massachusetts courts to:
Challenge sentencing laws,
Review conditions of confinement, and
Prohibit inhumane treatment in jails/prisons.
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