Statute
Eighth Amendment
833 published works
Ohio Appellate Insights
Update on the Case of Brandon Moore
Interest in the case of Brandon Moore continues to be very high, so here is an update. First, here’s a brief review of this long-litigated case. Moore was originally sentenced…
Health Law Prof Blog
Back to the Future with Execution Methods, The Eight Amendment and its Future in a New Age of Punishment
Deborah W. Denno (Fordham University), Back to the Future with Execution Methods, The Eight Amendment and its Future in a New Age of Punishment, New York: Cambridge U. Press 212-233…
EvidenceProf Blog
Court of Appeals of Texas Finds Mandatory Life Without Parole Sentences For Intellectually Disabled Defendants Convicted of Capital Murder is Cruel & Unusual Punishment
By Colin Miller
In Roper v. Simmons, the Supreme Court held that executing minors is "cruel and unusual punishment" prohibited by the Eighth Amendment. Subsequently in Miller v. Alabama, the Supreme Court held…
Ohio Appellate Insights
Merit Decision: Youth Must Be Considered as a Factor in Life With Possibility of Parole Sentence. State v. Patrick.
“Additionally, we conclude that the difference between a sentence of life in prison with parole eligibility after a term of years and a sentence of life without the possibility of…
Administrative and Regulatory
“The Administrative Law of the Eighth (and Sixth) Amendment”
The title of this post is the title of this book chapter authored by Richard Bierschbach and recently posted to SSRN. Here is its abstract:On the surface, few similarities exist…
Criminal
Is the unanimous SCOTUS ruling in <em>Briggs</em> notably kind to the “evolving standards” approach to the Eighth Amendment?
I noted in this post the Supreme Court's unanimous ruling this morning in US v. Briggs, No. 19-108 (S. Ct. Dec. 10, 2020) (available here), which fundamentally concerned an issue…
Sentencing Law and Policy
Is the unanimous SCOTUS ruling in <em>Briggs</em> notably kind to the "evolving standards" approach to the Eighth Amendment?
I noted in this post the Supreme Court's unanimous ruling this morning in US v. Briggs, No. 19-108 (S. Ct. Dec. 10, 2020) (available here), which fundamentally concerned an issue…
Sentencing Law and Policy
"Cruel & Unusual Non-Capital Punishments"
The title of this post is the title of this new article available via SSRN authored by William Berry. Here is its abstract: The Supreme Court has rendered the Eighth…
Criminal
“Cruel & Unusual Non-Capital Punishments”
The title of this post is the title of this new article available via SSRN authored by William Berry. Here is its abstract:The Supreme Court has rendered the Eighth Amendment…
Criminal
Background reading before argument in <em>Jones v. Mississippi</em>, the latest SCOTUS foray into Eighth Amendment limits on juve sentencing
Remarkably, it has been more than a decade since the US Supreme Court kicked off its interesting (and uncertain) new line of Eighth Amendment jurisprudence with its ruling in Graham…