10 U.S.C. § 855
Art. 55. Cruel and unusual punishments prohibited
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Notes of Decisions
Cited in 196
cases (40 in the last 5 years), 1959–2025 · leading case: United States v. Wise, 64 M.J. 468 (C.A.A.F. 2007).
United States v. Wise, 64 M.J. 468 (C.A.A.F. 2007). “06-0610/AR requested that we grant review of a single issue, whether his confinement conditions constituted cruel and unusual punishment under Article 55, UCMJ, 10 U.S.C. § 855 (2000), and the Eighth Amendment to the Constitution.”
United States v. Loving, 41 M.J. 213 (C.A.A.F. 1994). “ISSUE II WHETHER APPELLANT WAS DEPRIVED OF HIS RIGHT TO A RELIABLE MENTAL HEALTH EVALUATION WHICH IN TURN DEPRIVED APPELLANT OF THE EFFECTIVE ASSISTANCE OF TRIAL DEFENSE COUNSEL IN VIOLATION OF THE FIFTH, SIXTH, AND EIGHTH AMENDMENTS AND ARTICLE 55, UCMJ, 10 USC § 855 . 19.…”
United States v. McPherson, 73 M.J. 393 (C.A.A.F. 2014). “A confinee subject to solitary confinement in these circumstances might then raise a claim of a violation of Article 55, UCMJ, 10 U.S.C. § 855 (2012) (prohibiting cruel or unusual punishment).”
United States v. Avila, 53 M.J. 99 (C.A.A.F. 2000). “55, UCMJ, 10 USC § 855 . In general, we have applied the Supreme Courts interpretation of the Eighth Amendment to claims raised under Article 55, except in circumstances where we have discerned a legislative intent to provide greater protections under the statute.”
United States v. Briggs, 592 U.S. 69 (2020). “We think that is so even if, as respondents argue, the separate prohibition on “cruel or unusual punishment” in Article 55 of the UCMJ would have been held to provide an independ- ent defense against the imposition of the death penalty for rape.”
United States v. Gay, 74 M.J. 736 (A.F.C.C.A. 2015). “The appellant now alleges that the government violated Article 55, UCMJ, 10 U.S.C. § 855 , by subjecting him to cruel and unusual punishment during his post-trial confinement.”
United States v. Thompson, 68 M.J. 308 (C.A.A.F. 2010). “§ 844 (2000) (double jeopardy); Article 55, UCMJ, 10 U.S.C. § 855 (2000) (cruel and unusual punishment).”
United States v. Matthews, 16 M.J. 354 (1983). “” Article 55 of the Uniform Code, 10 U.S.C. § 855 , provides a servicemember comparable protection against “[p]unishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment.”
United States v. White, 54 M.J. 469 (C.A.A.F. 2001). “We review de novo the question whether the facts asserted by appellant would constitute a violation of Article 55, UCMJ, 10 USC § 855 , or the Eighth Amendment of the Constitution.”
United States v. Lovett, 63 M.J. 211 (C.A.A.F. 2006). “VIII; see also Article 55, UCMJ, 10 U.S.C. § 855 (2000). The Supreme Court has stated that punishments violate the Eighth Amendment when they “are incompatible with the evolving standards of decency that mark the progress of a maturing society, or which involve the unnecessary…”
United States v. Private E1 AARON A. NEY, 68 M.J. 613 (A.C.C.A. 2010). “See Article 55, UCMJ, 10 U.S.C. § 855 . We, therefore, find Adcock inapplicable to appellant’s case.”
United States v. Maxwell, 45 M.J. 406 (C.A.A.F. 1996). “Article 55, Uniform Code of Military Justice, 10 USC § 855 , entitled Cruel and unusual punishments prohibited states: Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not by adjudged by any court-martial or…”
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