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shocks the conscience
Shocks the conscience is a phrase used as a legal standard in the United States and Canada. An action is understood to "shock the conscience" if it is perceived as manifestly and grossly unjust, typically by a judge.
==United States==
In United States law which describes whether or not the due process requirement of the Fourteenth Amendment to the United States Constitution has been met. This term originally entered into case law with the decision for Rochin v. California (1953). This balancing test is often cited as having subsequently been used in a particularly subjective manner.
The term is also used in some jurisdictions as a means to determine whether a jury award is out of line with the underlying civil wrong; a jury award can be overturned on appeal if, by its amount relative to the underlying civil wrong, it "shocks the conscience".
"Shock the conscience" has also been used as a constitutional standard in discussing the issue of whether or not detainees can be tortured according to American law.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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