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THE CHAIRMAN; Delegate Bamberger.
DELEGATE BAMBERGER: Why did you not follow
the language of the Commission's draft which prohibits
both excessive fines and cruel and unusual punishment
whether provided by laws or imposed by the courts?
In other words, as I read your section, this
would not prohibit the General Assembly from passing a
statute which provided for an excessive fine or a cruel
and unusual punishment.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: That I can answer. We
thought this was more inclusive. It included not only
legislative action, judicial action, administrative action
and any other action you can conceive of. There is no
question about it, our intent was to make it as broad as
possible. We thought we were less restrictive than the
draft. We thought about that carefully.
DELEGATE BAMBERGER: I take it the answer to
the question is that you did intend to prohibit excessive
fine or cruel and unusual punishment by law as well as
by a court?