Statute
Eighth Amendment
833 published works
Sentencing Law and Policy
DC sniper Lee Boyd Malvo makes still more law as top Maryland court says he must be resentenced in light of <em>Miller</em>
Though Lee Boyd Malvo is now 37 years old and serving a life prison term in Virginia, he was only 17 years old when he (with John Allen Muhammad) killed…
Sentencing Law and Policy
Iowa Supreme Court refuses to extend Eighth Amendment juve mandatory LWOP prohibition to murder committed days after 18th birthday
As reported in this Des Moines Register article, the Iowa Supreme Court issued an interesting ruling refusing to extend an Eighth Amendment right protecting juvenile murderers. Here are the basics:…
Sentencing Law and Policy
Oklahoma death row inmates lose their Eighth Amendment claims against state's lethal injection protocol
As reported in this AP article, a "federal judge in Oklahoma on Monday ruled the state’s three-drug lethal injection method is constitutional, paving the way for the state to request…
Sentencing Law and Policy
"A Lost Chapter in Death Penalty History: <em>Furman v. Georgia</em>, Albert Camus, and the Normative Challenge to Capital Punishment"
Though we are still a full month away from the exact date marking the 50th anniversary of the Supreme Court's landmark Eighth Amendment ruling in Furman v. Georgia, this new…
Ohio Appellate Insights
What’s On Their Minds: Do Juveniles Have the Right of Confrontation at Transfer Hearings? Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell
On May 17, 2022, the Supreme Court of Ohio, by a vote of 6-1, dismissed this case as improvidently accepted. Justice DeWine dissented and would affirm the judgment of the…
Sentencing Law and Policy
"Transgender Rights & the Eighth Amendment"
The title of this post is the title of this recent article authored by Jennifer Levi and Kevin Barry and just posted to SSRN. Here is its abstract: The past…
Sentencing Law and Policy
"Death by Dehumanization: Prosecutorial Narratives of Death-Sentenced Women and LGBTQ Prisoners"
The title of this post is the title of this interesting new article now available via SSRN authored by Jessica Sutton, John Mills, Jennifer Merrigan and Kristin Swain. Here is…
Criminal
“Death by Dehumanization: Prosecutorial Narratives of Death-Sentenced Women and LGBTQ Prisoners”
The title of this post is the title of this interesting new article now available via SSRN authored by Jessica Sutton, John Mills, Jennifer Merrigan and Kristin Swain. Here is…
Sentencing Law and Policy
Might a challenge to extreme solitary confinement for over a quarter century reveal if any current Justices are truly textualists and originalists?
The question in the title of this post is prompted by this New York Times article discussing this notable recent Supreme Court petition raising an Eighth Amendment challenge to extreme…
Criminal
Might a challenge to extreme solitary confinement for over a quarter century reveal if any current Justices are truly textualists and originalists?
The question in the title of this post is prompted by this New York Times article discussing this notable recent Supreme Court petition raising an Eighth Amendment challenge to extreme…