conscience of the court
conscience of the court 法庭的良知 １指法庭有衡平法上的权力，根据公平和公正原则作出裁决；２指法庭在决定当事人或陪审团是否依法从事诉讼活动时所适用的准则，如在某些案件中，法庭否定了陪审团对损害赔偿的裁断，因为这种裁断「使法庭的良知受到震惊」〔shock the conscience of the court〕。
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Search Results for: SHOCK
incarceration
incarceration, n. The act or process of confining someone; IMPRISONMENT. Cf. DECARCERATION. — incarcerate, vb. — incarcerator, n. shock incarceration. Incarceration in a military-type setting, usu. for three to six months, during which the offender is subjected to strict discipline, physical exercise, and hard labor. See 18 USCA § 4046. • After successfully completing the
boot camp
boot camp. 1. A camp for basic training of Navy or Marine Corps recruits. 2. A military-like facility esp. for juvenile offenders. • Boot camps are specialized programs for offenders who are generally nonviolent males from 17 to 25 years old. While proponents applaud the success of these programs, others find their long-term success limited
split sentence
A sentence in which part of the time is served in confinement — to expose the offender to the unpleasantness of prison — and the rest on probation. See shock probation under PROBATION. [Cases: Sentencing and Punishment 1934, 1936. C.J.S. Criminal Law §§ 1549–1550, 1552, 1555.]
crime against humanity
crime against humanity. Int’l law. A brutal crime that is not an isolated incident but that involves large and systematic actions, often cloaked with official authority, and that shocks the conscience of humankind. • Among the specific crimes that fall within this category are mass murder, extermination, enslavement, deportation, and other inhumane acts perpetrated against
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scandalous subject matter
scandalous subject matter. Trademarks. A word, phrase, symbol, or graphic depiction that the U.S. Patent and Trademark Office may refuse to register because it is shockingly offensive to social mores. • Although the Lanham Act uses the phrase “immoral, deceptive, or scandalous subject matter,” courts have not distinguished “scandalous” from “immoral.” [Cases: Trade Regulation 161.
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obscene libel
Hist. 1.The common-law crime of publishing, with the intent to corrupt, material (esp. sexual words or pictures) that tends to deprave or corrupt those whose minds are open to immoral influences. 2. A writing, book, picture, or print that is so obscene that it shocks the public sense of decency.
conscience of the court
conscience of the court. 1. The court’s equitable power to decide issues based on notions of fairness and justice. See EQUITY(4). 2. A standard applied by the court in deciding whether a party or a jury has acted within ac-ceptable limits. • Thus, in some cases, a jury’s award of damages is upset because it
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cruel and unusual punishment
Punishment that is torturous, degrading, inhuman, grossly disproportionate to the crime in question, or otherwise shocking to the moral sense of the community. • Cruel and unusual punishment is prohibited by the Eighth Amendment. [Cases: Sentencing and Punishment 1430–1439. C.J.S. Criminal Law §§ 1463, 1472, 1593–1594, 1596–1597, 1599, 1602.]
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heinous
heinous (hay-n[schwa]s), adj. (Of a crime or its perpetrator) shockingly atrocious or odious. [Cases: Sentencing and Punishment 1684.] — heinousness, n.