Statute
Eighth Amendment
833 published works
Criminal
“The Evolving Standards, As Applied”
The title of this post is the title of this notable new paper authored by William Berry now available via SSRN. Here is its abstract:In Jones v. Mississippi, the Supreme…
Criminal
Split Indiana Supreme Court finally rules that forfeiture of Tyson Timbs’ Land Rover driven to small drug deal was constitutionally excessive
Well over two years ago, as blogged here, the Supreme Court ruled unanimously in Timbs v. Indiana, 139 S. Ct. 682 (2019), that the that Excessive Fines Clause of Eighth Amendment applies…
EvidenceProf Blog
Supreme Court of Indiana Finds Tyson Timbs’s Land Rover Was Unconstitutionally Forfeited, Comparing Him to Captain Ahab
By Colin Miller
In Timbs v. Indiana, Tyson Timbswas charged in June 2013 with two counts of dealing in a controlled substance and conspiracy to commit theft, all felonies. He pleaded guilty in…
Sentencing Law and Policy
Split Mississippi appellate court upholds, against Eighth Amendment challenge, an LWOP habitual-offender sentence for marijuana possession
As report in this AP piece, the "Mississippi Court of Appeals on Tuesday upheld a life sentence for a man convicted of a marijuana possession charge because he had previous…
EvidenceProf Blog
Evan Miller, the Petitioner in Miller v. Alabama, Resentenced to Life Without Parole
By Colin Miller
In Miller v. Alabama, the Supreme Court held "that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition…
EvidenceProf Blog
Supreme Court Concludes a Finding of Permanent Incorrigibility is Not Required for a Juvenile Life Without Parole Sentence
By Colin Miller
In Miller v. Alabama, the Supreme Court held "that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s…
Appellate Advocacy Blog
Life Imprisonment Without Parole for Juvenile Offenders: An Analysis of Jones v. Mississippi
In Jones v. Mississippi, the United States Supreme Court ruled by a 6-3 margin that a sentence of life imprisonment without parole for a fifteen-year-old juvenile who was convicted of…
Criminal
A few first thoughts on <em>Jones</em> and juve LWOP
Because I am on the road, I have only had a chance to read once and quickly the Supreme Court's new Eighth Amendment juvenile LWOP decision in Jones v. Mississippi,…
Sentencing Law and Policy
"What Is An Excessive Fine? Seven Questions to Ask After <em>Timbs</em>"
The title of this post is the title of this new paper authored by Wesley Hottot now available via SSRN. Here is its abstract: This Article explains how Timbs v.…
Sentencing Law and Policy
"Science and the Eighth Amendment"
The title of this post is the title of this book chapter by Meghan Ryan just made available via SSRN. Here is its abstract: As time hurtles forward, new science…