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and unusual punishment inflicted. I presume it was not the
intention of the committee that the issue of whether or not
punishment is cruel and unusual could not be raised until
it had actually been inflicted? That is, until the sentence
had been served or the execution had been held.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Well, Your Honor, I have got
to look at this. This is fairly standard language.
Let me take a look at it.
I don't mean to be facetious. Delegate Bamberger,
but you will just have to give me a minute.
DELEGATE KIEFER: The first answer I could ive
you. It is almost exactly the language of the 8th Amend-
ment in the United States Constitution:
"Excessive bail shall not be required, nor ex-
cessive fines imposed, nor cruel and unusual punishments
inflicted. "
THE CHAIRMAN: That is exactly the same as what
is in Article XXV of the Bill of Rights.
DELEGATE KIEFER: He can complain before he
is punished.