A lot rulings during that period were a reflection of the [William Rehnquist] court's view that we don't need to control or regulate the death penalty, this is a state function," [Richard Dieter] says. "Executing juveniles and the mentally retarded aren't things that we necessarily think are the best as individuals, but there's no constitutional violation. [Anthony Kennedy]'s evolution is only the most recent example of how a justice's views on capital punishment can be tempered over time. Former Justice Harry Blackmun was once a firm supporter of the death penalty, but in a 1994 dissent he wrote: "From this day forward, I no longer shall tinker with the machinery of death. ... I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed."...
...Texas death case arguments are hardly unusual fare for the nation's highest tribunal, given our ... found that neither situation counted as "cruel and unusual punishment," as prohibited by the Eigh... as 1958, the court had found that the definition of cruel and unusual punishment evolved along with...
... an analysis informs whether a sentence is "cruel or unusual punishment" and thus unconstitutional. ... unusual punishment" without a static definition. (26) Instead, the Amendment was said to be enacte...
Here's something for your supremely stupid files. Our vaunted Supreme Court recently ruled that California must reduce the number of prisoners in state prisons because of overcrowding. Our Supreme Court thinks overcrowding in prisons is cruel and unusual punishment. Never mind that essentially ordering the release of more than 30,000 monsters will create more victims of crime, destroy more families and cause our streets and neighborhoods to be less safe.
...That's real rehabilitation. The real definition of cruel and unusual punishment is ordering the re...
... his sentence under the Eighth Amendment’s Cruel and Unusual Punishments Clause, but the State Firs...Ante, at 20–21. By definition, such sentences serve the goal of incapacitation b...
... serves to prevent the infliction of punishment prior to conviction. '. . . Unless this right to b... a guarantee of moderate fines and against cruel and unusual punishments, and was inserted in the J... function at the stage of legislative definition [by] circumscribing the class of persons eligible ...
... his Eighth Amendment right to be free from cruel and unusual punishment. It is beyond dispute that ..., the pain inflicted upon Jones was, by definition, cruel and unusual punishment. See Hope, 536 U.S. ...
... to serve imprisonment as a subsidiary punishment in case of his insolvency, on account of the natur... of fifteen years' imprisonment was a cruel and unusual punishment, and, to the extent of the ... party.' The court further, in the definition of the nature of the offense and the purpose of th...
... retarded violates the Eighth Amendment as a cruel and unusual punishment. Id. at 320–21. However, ... Supreme Court did not offer a specific definition for “mental retardation,” instead opting to re...
The walls of the prison are not solely physical. The doctrine of judicial deference to prison officials, which compels courts to defer to the discretion of those officials in almost all instances, obstructs the effective scrutiny of modern practices of punishment. Since its ratification, the Thirteenth Amendment-which prohibits slavery or involuntary servitude anywhere within the United States or its jurisdiction, except where imposed "as a punishment for crime whereof the party shall have been duly convicted"1-has been seen by courts as one brick in this wall. This Article makes the novel argument that, properly read, the amendment should function instead as a breach in this wall-one of sufficient size to allow some needed light to shine within. Although in some states inmates may stil...
... run afoul of the Eighth Amendment's ban on "cruel and unusual punishments."7 In some states, individ... administrators because the prison, by definition, operates in an entirely different sphere than the...
... by the Eighth Amendment’s ban against cruel and unusual punishment. We therefore reverse and r... that under Georgia’s substantive definition of mental retardation Hill had proved beyond a rea...
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