3 Republicans, 2 Democrats
Vermont
State Supreme Court
Eighth Amendment Cognate
- VT. CONST. Ch. II, § 39 (“All prosecutions shall commence, By the authority of the State of Vermont. All Indictments shall conclude with these words, against the peace and dignity of the State. And all fines shall be proportioned to the offences.”) –> no real 8A analog. In State v. Venman, 564 A.2d 574 (Vt. 1989), court held that it would apply 8A directly.
Implied Cause of Action
- Implied right of action limited to common benefits, search and seizure, freedom of speech and of the press.
- Zulo v. State, 205 A.3d 466 (2019) (private right of action for money damages is available for violations of the search and seizure provision); Shields v. Gerhart, 163 Vt. 219, 658 A.2d 924, 934 (1995) (holding that a general provision guaranteeing a right to enjoy life was not self-executing but that the specific guarantee of right to free speech was self- executing).