Statute
Eighth Amendment
833 published works
Sentencing Law and Policy
"Excessive Force In Prison"
The title of this post is the title of this new article authored by Sharon Dolovich now available via SSRN. Here is its abstract: Any time a correctional officer (CO)…
Sentencing Law and Policy
Previewing SCOTUS's latest <em>Glossip</em> argument
Richard Glossip already has a significant Supreme Court ruling associated with his name; nearly a decade ago, SCOTUS considered and then rejected his Eighth Amendment challenge to Oklahoma's lethal injection…
Criminal
Previewing SCOTUS’s latest <em>Glossip</em> argument
Richard Glossip already has a significant Supreme Court ruling associated with his name; nearly a decade ago, SCOTUS considered and then rejected his Eighth Amendment challenge to Oklahoma's lethal injection…
Sentencing Law and Policy
"Solitary Confinement, Human Dignity, and the Eighth Amendment"
The title of this post is the title of this new paper authored by Laura Rovner now available via SSRN. Here is its abstract: The harms of solitary confinement have…
Sentencing Law and Policy
"The Excessive Fines Clause in the Federal Courts: A Quarter-Century of Narrowing"
The title of this post is the title of this recent article by Michael O'Hear posted a couple months ago to SSRN. Here is its abstract: The Eighth Amendment prohibits…
Sentencing Law and Policy
Catching up with the Texas prisoner suing for a right for more sleep
In this round-up post a few months ago, I noted a story about a Fifth Circuit ruling enabling a a Texas prisonser to continue with his Eighth Amendment lawsuit that…
Simple Justice
Did Grants Pass Make Homelessness A Crime?
In the mix of decisions of arguably greater consequence, the Supreme Court decided another matter, Grants Pass v. Johnson, that deserved greater attention. The decision has been characterized as criminalizing…
Nahmod Law
Supreme Court Rules Homelessness Not Protected By Eighth Amendment: City of Grants Pass v. Johnson
Suppose §1983 Eighth Amendment actions are brought by non-prisoners such as the homeless who allege that they are punished either because of their status–see Robinson v. California, 370 U.S. 660,…
Sentencing Law and Policy
Supreme Court, by 6-3 vote, rejects Eighth Amendment defense to charging homeless in <em>Grants Pass</em>
The Supreme Court this morning handed down lengthy opinions City of Grants Pass v. US, No. 23-175 (S. Ct. June 28, 2024) (available here). Justice Gorsuch authored the opinion for…
Sentencing Law and Policy
Flagging challenge to Arizona's suspect application of <em>Miller</em> juve LWOP limis
Adam Liptak has this new piece at the New York Times detailing a pending Supreme Court challenge to how Arizona had dealt with Miller's Eighth Amendment limit on juve LWOP…