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He would probably also have to prove that he would endure cruel and unusual punishment. I doubt 5 years in prison qualifies as cruel and unusual punishment.
Although, I'm not really sure what does and doesn't qualify as cruel and unusual punishment. I wonder if there is a list somewhere, or is it up to a judge to decide?
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I post on GFY so that when people ask me what I do,
I can tell them that I work with the mentally retarded.
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