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In the Maine state constitution section 9 reads, in part, Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted."

Unless your stste constitution has something similar, you're stuck with the current definition of sanguinary, which is very flexible.

The generally accepted guidelines for determining Sanguinary punishments are;

1. much greater than punishments for similar crimes within the same juristiction.

2. Inflicting pain by physical torture.

3. punishments that are senseless, arbitrary, or otherwise do not contribute to public saftey by providing deterent or removing dangerous persons from society.

All of these "definitions" are subject to re-interpretation on a case by case basis.

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