Screen LibraryThe Eighth Amendment and its future in a new age of punishment /
"In 2002, the Supreme Court decided Atkins v. Virginia, opening the door to the Court's application of the Eighth Amendment on an almost annual basis - Roper v. Simmons (2005), Kennedy v. Louisiana (2007), Baze v. Rees (2008), Graham v. Florida (2010), Brown v. Plata (2011), Miller v. Alab...
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| Group Author: | ; |
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| Published: |
Cambridge University Press,
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| Publisher Address: | Cambridge, United Kingdom : |
| Publication Dates: | 2020. |
| Literature type: | Book |
| Language: | English |
| Subjects: | |
| Summary: |
"In 2002, the Supreme Court decided Atkins v. Virginia, opening the door to the Court's application of the Eighth Amendment on an almost annual basis - Roper v. Simmons (2005), Kennedy v. Louisiana (2007), Baze v. Rees (2008), Graham v. Florida (2010), Brown v. Plata (2011), Miller v. Alabama (2012), Hall v. Florida (2014), Glossip v. Gross (2015), Moore v. Texas (2017), Bucklew v. Precythe (2019), Timbs v. Indiana (2019), Kahler v. Kansas (2019-20 term), and Mathena v. Malvo (2019-20 term). These decisions generated a number of interesting conversations and papers by many of the contributors to this book. Some particularly memorable conversations included a SEALS panel in the summer of 2011 in Hilton Head, South Carolina, with John Stinneford and Corinna Lain; a Law & Society panel in Boston, Massachusetts in 2013 with Rick Bierschbach and Beth Colgan; a Law & Society panel in Minneapolis, Minnesota in 2014 with Richard Frase; an AALS panel in 2016 in New York City with Corinna Lain, Debby Denno, and Eric Berger; and a Law & Society panel in Washington, DC in 2019 with Corinna Lain and John Bessler. And of course, we should mention the SEALS panel we had in August 2018 in Fort Lauderdale, Florida with many of the contributors in preparation for this volume: Rick Bierschbach, Mike Mannheimer, Debby Denno, John Bessler, Corinna Lain, John Stinneford, and Cara Drinan"-- |
| Carrier Form: | xiv, 324 pages : illustrations ; 24 cm |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9781108498579 1108498574 9781108724210 1108724213 |
| Index Number: | KF4558 8TH |
| CLC: | D971.24 |
| Call Number: | D971.24/E347 |
| Contents: |
From the founding to the present : an overview of legal thought and the Eighth Amendment's evolution / Back to the future : Originalism and the Eighth Amendment / Eighth Amendment federalism / Eighth Amendment values / The power, problems, and potential of "evolving standards of decency" / Judicial hesitancy and majoritarianism / Punishment purposes and Eighth Amendment disproportionality / The administrative law of the Eighth (and Sixth) Amendment / Evading the Eighth Amendment : prison conditions and the courts / Excessive deference : The Eighth Amendment bail clause / Nor excessive fines imposed / Judicial abolition of the American death penalty under the Eighth Amendment : the most likely path / Back to the future with execution methods / Evolving standards of lethal injection / The future of juvenile life-without-parole sentences / Metrics of mayhem : quantifying capriciousness in capital cases / Race discrimination in punishment / Science and the Eighth Amendment / |