Legal Definitions - shock the conscience

Definition: To cause intense ethical or humanitarian discomfort. This phrase is used as an equitable standard for gauging whether:

1. State action amounts to a violation of a person's substantive-due-process rights
2. A jury's award is excessive
3. A fine or jail term is disproportionate to the crime
4. A contract is unconscionable

Conscience of the Court: The court's equitable power to decide issues based on notions of fairness and justice. A standard applied by the court in deciding whether a party or a jury has acted within acceptable limits. Thus, in some cases, a jury's award of damages is upset because it is said to “shock the conscience of the court.”

Examples:

• A state law that allows for the execution of mentally disabled individuals would shock the conscience and violate their substantive-due-process rights.
• If a jury awards a victim of a car accident $10 million for a minor injury, it may be considered excessive and shock the conscience of the court.
• Imposing a life sentence for a minor traffic violation would be disproportionate to the crime and shock the conscience.
• A contract that requires a person to give up all their legal rights without any compensation would be considered unconscionable and shock the conscience of the court.

These examples illustrate how the concept of "shocking the conscience" is used as a standard to determine whether certain actions or decisions are ethical and justifiable. It is a way for the court to ensure that fairness and justice are upheld in legal proceedings.