Cadena temporal
Encyclopedia
Cadena temporal and cadena perpetua are punishments notably present in the Philippine legal system. Cadena temporal included imprisonment for at least 12 years and one day, in chains, at hard and painful labor; the loss of many basic civil rights; and subjection to lifetime surveillance. Cadena perpetua is identical except that it is a sentence of life as opposed to a temporary status.
The "title" of the punishment is actually descriptive, as cadena is a Spanish
word meaning chain while temporal means impermanent or temporary, in addition to the meaning it shares with English and perpetua, means continuous in Latin.
The use of this colonial punishment has been reviewed by the U.S. Supreme Court
in Weems v. United States
, 217 U.S. 349 (1910). Derived from the Spanish penal Code, the punishment of "cadena temporal" was from twelve years and one day to twenty years (arts. 28 and 96), which 'shall be served' in certain 'penal institutions
.' And it was provided that 'those sentenced to cadena temporal (and cadena perpetua) shall labor for the benefit of the state. They shall always carry a chain at the ankle, hanging from the wrists; they shall be employed at hard and painful labor, and shall receive no assistance whatsoever from without the institution.' There were, besides, certain accessory penalties imposed with it.
In Weems, the Supreme Court ruled this punishment to be "cruel and unusual
" for a crime of "corruptly, and with intent then and there to deceive and defraud the United States government of the Philippine Islands and its officials, [and] falsify a public and official document." Weems v. United States breaks away with the "historic method
" of interpretation of the Eighth Amendment to the United States Constitution
prohibiting such penalties. It thus paves the way to a modern interpretation of the Bill of Rights
based on a new criterion: the "evolving standards of decency of a maturing society
" designed by the Supreme Court in Trop v. Dulles
, 356 U. S. 86 (1957) .
The "title" of the punishment is actually descriptive, as cadena is a Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
word meaning chain while temporal means impermanent or temporary, in addition to the meaning it shares with English and perpetua, means continuous in Latin.
The use of this colonial punishment has been reviewed by the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in Weems v. United States
Weems v. United States
Weems v. United States, 217 U.S. 349 , was a decision of the United States Supreme Court. It is primarily notable as it pertains to the prohibition of cruel and unusual punishment. It is cited concerning the Constitutional meaning of "privacy" and the scope of what is to receive legal protection...
, 217 U.S. 349 (1910). Derived from the Spanish penal Code, the punishment of "cadena temporal" was from twelve years and one day to twenty years (arts. 28 and 96), which 'shall be served' in certain 'penal institutions
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
.' And it was provided that 'those sentenced to cadena temporal (and cadena perpetua) shall labor for the benefit of the state. They shall always carry a chain at the ankle, hanging from the wrists; they shall be employed at hard and painful labor, and shall receive no assistance whatsoever from without the institution.' There were, besides, certain accessory penalties imposed with it.
In Weems, the Supreme Court ruled this punishment to be "cruel and unusual
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
" for a crime of "corruptly, and with intent then and there to deceive and defraud the United States government of the Philippine Islands and its officials, [and] falsify a public and official document." Weems v. United States breaks away with the "historic method
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...
" of interpretation of the Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
prohibiting such penalties. It thus paves the way to a modern interpretation of the Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
based on a new criterion: the "evolving standards of decency of a maturing society
Living Constitution
The Living Constitution is a concept in America, also referred to as loose constructionism, constitutional interpretation which claims that the Constitution has a dynamic meaning or that it has the properties of a human in the sense that it changes...
" designed by the Supreme Court in Trop v. Dulles
Trop v. Dulles
Trop v. Dulles, 356 U.S. 86 , was a federal case in the United States in which the Supreme Court ruled, 5-4, that it was unconstitutional for the government to revoke the citizenship of a U.S...
, 356 U. S. 86 (1957) .