Statute
Eighth Amendment
833 published works
Sentencing Law and Policy
"State Constitutional Limits on Nitrogen Hypoxia Executions"
The title of this post is the title of this new article authored by William W. Berry III now available via SSRN. Here is its abstract: In January 2024, the…
Sentencing Law and Policy
Pondering Eighth Amendment issues around new capital child rape statutes at <em>Sentencing Matters Substack</em>
I have not highlighted posts from the Sentencing Matters Substack in a little while in part because I am waiting for my co-substacker to wrap up a five-part series(!) on…
Appellate and Supreme Court
Pondering Eighth Amendment issues around new capital child rape statutes at <em>Sentencing Matters Substack</em>
I have not highlighted posts from the Sentencing Matters Substack in a little while in part because I am waiting for my co-substacker to wrap up a five-part series(!) on…
Sentencing Law and Policy
Latest SCOTUS order list with notable Second, Fourth and Eighth Amendment developments
The Surpreme Court handed down this new order list this morning to kick off what should be an eventful SCOTUS month. The list is not all that eventful for sentencing…
Appellate and Supreme Court
Brief initial reflections on the late Justice David Souter’s sentencing law legacy
As reported in this extensive New York Times piece authored by Linda Greenhouse, "David H. Souter, a New Hampshire Republican who was named to the Supreme Court by President George…
EvidenceProf Blog
Arizona Court Allows Artificial Intelligence Victim Impact Statement That Allows Victim to “Speak” From the Grave
By Colin Miller
After finding that victim impact statements at the sentencing stage of a capital trial violate the Eighth Amendment in Booth v. Maryland, 482 U.S. 496 (1987), the Supreme Court changed…
Appellate and Supreme Court
“Cruel and Unusual Punishments and the Constitutional Status of the Idea of Progress”
The title of this post is the title of this new paper authored by R. George Wright and now available via SSRN. Here is its abstract:More than three generations ago,…
Appellate and Supreme Court
“<em>Kennedy v. Louisiana</em> and the Future of the Eighth Amendment”
The title of this post is the title of this article just posted to SSRN and authored by Alexandra L. Klein. Here is its abstract:In 2023, Florida passed a law…
Appellate and Supreme Court
“Our Anemic Excessive Fines Clause: Are State Courts Following the Federal Lead?”
The title of this post is the title of this new paper authored by Michael O'Hear and now available via SSRN. Here is its abstract:In 2019, in Timbs v. Indiana,…
Criminal
“‘Something Works’ in U.S. Jails: Misconduct and Recidivism Effects of the IGNITE Program”
The title of this post is the title of this notable new empirical paper, recently published in The Quarterly Journal of Economics, authored by Marcella Alsan, Arkey Barnett, Peter Hull…