Nebraska State Constitution Article I-15

Article I-15


Penalties; corruption of blood; transporting out of state prohibited.

All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the state for any offense committed within the state.


  • Neb. Const. art. I, sec. 15 (1875).


Unconstitutionality of tax statute under this section raised but not decided. Creigh v. Larsen, 171 Neb. 317, 106 N.W.2d 187 (1960).

Permitting recovery of money paid on void contract was not the imposition of a penalty within the meaning of this section. Arthur v. Trindel, 168 Neb. 429, 96 N.W.2d 208 (1959).

Conviction of felony does not deprive party of civil rights, including right to maintain action for damages for personal injury. Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809 (1927).

Sentence to penitentiary does not corrupt the blood nor prevent legal representative of accused, who died pending appeal, from succeeding to property rights of accused. Stanisics v. State, 90 Neb. 278, 133 N.W. 412 (1911).

Penalty imposed by statute is not unconstitutional unless so excessive as to shock sense of mankind. McMahon v. State, 70 Neb. 722, 97 N.W. 1035 (1904).

Enforcement of penalty after proper notice and failure to remove fence or other obstruction from line of newly established highway does not contravene Constitution. Black v. Stein, 23 Neb. 302, 36 N.W. 548 (1888).