State Constitutional Prohibitions Against Unnecessary Rigor in Arrest and Confinement

development of text-recognition technology, however, opens a new frontier of sources.This Article leverages these tools to mine thousands of newspapers, periodicals, treatises, and other sources from the eighteenth through twentieth centuries for the phrase "unnecessary rigor."This historic context provides insight into how the drafters and ratifiers of the unnecessary rigor clauses likely would have understood the phrase "unnecessary rigor."This historic investigation is especially relevant because the phrase "unnecessary rigor" is neither common nor intuitive in the modern era.According to the Oxford English Dictionary's data on word usage, the frequency with which the word "rigor" appears in text sources dropped from approximately 18 words per million in 1800 to 5 words per million in 1900, and 4 per million in 2000. 9Part II describes two primary themes in eighteenth and nineteenth century use of the phrase "unnecessary rigor."First, sources refer to "unnecessary rigor" in the Transport, Which Resulted in Serious Injury to Prisoner, is Within the Scope of the Unnecessary Rigor Clause of Utah Constitution,