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Statute

Eighth Amendment

818 published works

  1. Sentencing Law and Policy

    A reasonableness-free ruling from the 11th Circuit

    By Douglas Berman

    Main November 1, 2005A reasonableness-free ruling from the 11th CircuitIn a detailed ruling that covers a number of issues, the Eleventh Circuit today in US v. Moriarity, No. 04-13683 (11th…

  2. Sentencing Law and Policy

    Major Tennessee ruling upholds lethal injection protocol

    By Douglas Berman

    Main October 18, 2005Major Tennessee ruling upholds lethal injection protocolWith thanks to Howard for this head's up, I see this news that the Tennessee Supreme Court on Monday "upheld the…

  3. Sentencing Law and Policy

    Exploring Miers’ work in support of prisoner re-entry

    By Douglas Berman

    Main October 3, 2005Exploring Miers' work in support of prisoner re-entryIn my first reaction post to the nomination of Harriet Miers to the Supreme Court, I guessed that she had…

  4. Sentencing Law and Policy

    Angelos challenging severe mandatory sentence in the 10th Circuit

    By Douglas Berman

    Main June 15, 2005Angelos challenging severe mandatory sentence in the 10th CircuitLast fall, in a remarkable ruling, Utah District Judge Paul Cassell in the Angelos case lamented, but felt compelled…

  5. Sentencing Law and Policy

    Talk of foreign practices inRoper

    By Douglas Berman

    Main March 1, 2005Talk of foreign practices in RoperThe Roper case was being closely watched as a litmus test for the Supreme Court's concern with foreign laws and practices, because…

  6. Sentencing Law and Policy

    SCOTUS declares unconstitutional juvenile death penalty inRoper

    By Douglas Berman

    Main March 1, 2005SCOTUS declares unconstitutional juvenile death penalty in RoperIn a 5-4 decision authored by Justice Anthony Kennedy, the Supreme Court has held in Roper v. Simmons that the…

  7. CrimProf Blog

    New Article Spotlight: Excessive Prison Sentences, Punishment Goals, and the Eighth Amendment: Proportionality Relative To What?

    By CrimProfBlogger

    CrimProf Richard S. Frase of Minnesota has recently posted the above-titled paper on SSRN.  The abstract states:This article examines constitutional proportionality requirements. The focus is on the assessment of lengthy…

  8. Sentencing Law and Policy

    Brief (and compelling) weekend reading about mandatories

    By Douglas Berman

    Main November 20, 2004Brief (and compelling) weekend reading about mandatoriesIn this post, I criticized Utah US District Judge Paul Cassell's decision in the Angelos mandatory minimum case for its summary…