Jump to ContentJump to Main Navigation

You are looking at 1-16 of 16 items

  • Keywords: Eighth Amendment x
Clear All Modify Search

View:

PUNISHMENT: Explicit and Implicit Proportionality Limits on Sanction Severity

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter examines proportionality principles in constitutional and subconstitutional sentencing law and theory, and argues for more explicit and consistent application of such principles. Under ... More


Interrogation Methods and the Eighth Amendment

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0008
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Although addressing the Eighth Amendment prohibition against excessive bail and cruel and unusual punishment can seem out of place in a discussion of interrogation, there is an important relationship ... More


Ethical Argument

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the use of ethical argument by the Court. It examines the arguable employment of such methodology under the Cruel and Unusual Punishment Clause of the Eighth Amendment focusing ... More


Machinery of Death or Machinic Life

David Wills

in Killing Times: The Temporal Technology of the Death Penalty

Published in print:
2019
Published Online:
January 2020
ISBN:
9780823283521
eISBN:
9780823286119
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823283521.003.0002
Subject:
Philosophy, Political Philosophy

Justice Blackmun’s 1994 decision to “tinker with the machinery of death” no more brings into focus the problem of an instantaneous death penalty that was raised by Eighth Amendment objections to the ... More


: Habeas and the Death Penalty

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter investigates the habeas review of federal death sentences, specifically exploring how habeas litigation in capital cases became what it is today. The Supreme Court has increasingly ... More


Tinker’s Troubled Legacy: Discipline, Disorder, and Race in the Schools, 1968–1985

Kathryn Schumaker

in Troublemakers: Students' Rights and Racial Justice in the Long 1960s

Published in print:
2019
Published Online:
January 2020
ISBN:
9781479875139
eISBN:
9781479821365
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479875139.003.0006
Subject:
History, Social History

This chapter examines how ideas about race and order shaped the way the courts’ articulated students’ rights in relation to school discipline in the 1970s and early 1980s, placed in context of the ... More


The Supreme Court, solitary confinement, and the prohibition of cruel and unusual punishment

David Polizzi

in Solitary Confinement: Lived Experiences and Ethical Implications

Published in print:
2017
Published Online:
September 2017
ISBN:
9781447337539
eISBN:
9781447337553
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447337539.003.0004
Subject:
Sociology, Law, Crime and Deviance

The relationship between solitary confinement and cruel and unusual punishment dates back to the mid-1880s. However, it is important to note that the Supreme Court was more concerned with the ... More


American Cruelty

Catherine Toal

in The Entrapments of Form

Published in print:
2016
Published Online:
September 2016
ISBN:
9780823269341
eISBN:
9780823269396
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823269341.003.0006
Subject:
Literature, 20th-century Literature and Modernism

The “torture memos” defending the treatment of detainees considered ineligible for due process only confirm that in jurisprudence, “cruelty,” despite its polemical power as an ordinary-language term, ... More


Perfect Execution: Abolitionism and the Paradox of Lethal Injection

Timothy V. Kaufman-Osborn

in The Road to Abolition?: The Future of Capital Punishment in the United States

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814762172
eISBN:
9780814762547
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814762172.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the paradoxical nature of the lethal injection by focusing on the Supreme Court case Baze v. Rees, which affirmed the constitutionality of Kentucky's execution protocols. It ... More


Case Study II: Metasemantics and Interpretation

Ori Simchen

in Semantics, Metasemantics, Aboutness

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198792147
eISBN:
9780191837807
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198792147.003.0005
Subject:
Philosophy, Philosophy of Language

How might we think of interpretation within a broadly productivist approach to metasemantics? In this chapter the issue is broached by considering a famous dispute surrounding statutory ... More


Into the Courthouse: The 1970s Abolition Strategy

Jeffrey L. Kirchmeier

in Imprisoned by the Past: Warren McCleskey and the American Death Penalty

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199967933
eISBN:
9780190225612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199967933.003.0008
Subject:
Law, Constitutional and Administrative Law

Capital defense attorneys continued their litigation-oriented death penalty abolition strategy into the early 1970s, eventually winning a major victory in the U.S. Supreme Court in Furman v. Georgia. ... More


Killing Times: The Temporal Technology of the Death Penalty

David Wills

Published in print:
2019
Published Online:
January 2020
ISBN:
9780823283521
eISBN:
9780823286119
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823283521.001.0001
Subject:
Philosophy, Political Philosophy

Killing Times starts from the deceptively simple observation— made by Jacques Derrida—that the death penalty mechanically interrupts mortal time, preempting our normal experience of not knowing when ... More


The Supreme Court and McCleskey v. Kemp

Jeffrey L. Kirchmeier

in Imprisoned by the Past: Warren McCleskey and the American Death Penalty

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199967933
eISBN:
9780190225612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199967933.003.0014
Subject:
Law, Constitutional and Administrative Law

The U.S. Supreme Court addressed the connection between race and capital punishment in Warren McCleskey’s case of McCleskey v Kemp. After oral arguments, the Supreme Court justices discussed the ... More


Litigation to End Indeterminate Solitary Confinement in California: The Role of Interdisciplinary and Comparative Experts

Jules Lobel

in Solitary Confinement: Effects, Practices, and Pathways toward Reform

Published in print:
2019
Published Online:
December 2019
ISBN:
9780190947927
eISBN:
9780190947934
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190947927.003.0022
Subject:
Law, Criminal Law and Criminology

In 2012, a group of prisoners brought a class action lawsuit challenging the incarceration of hundreds of prisoners in prolonged solitary confinement of over ten years in California’s Pelican Bay ... More


A New Era: A New U.S. Death Penalty Returns in the Late 1970s

Jeffrey L. Kirchmeier

in Imprisoned by the Past: Warren McCleskey and the American Death Penalty

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199967933
eISBN:
9780190225612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199967933.003.0009
Subject:
Law, Constitutional and Administrative Law

Major changes began taking place in the 1970s around the time of Furman v. Georgia that would create a new death penalty scheme. In response to that U.S. Supreme Court decision, states such as ... More


Lighting the “Dark and Evil World”: Judge J. Smith Henley, Arkansas, and the Federal Judiciary's Reform of the Southern Prison

Gregory L. Richard

in Nation within a Nation: The American South and the Federal Government

Published in print:
2014
Published Online:
September 2014
ISBN:
9780813049878
eISBN:
9780813050348
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813049878.003.0011
Subject:
History, American History: 20th Century

Gregory L. Richard focuses on federal penal reform and the June 1969 decision of Arkansas federal district court Judge J. Smith Henley on the inhumane treatment of prisoners. Henley's decision, ... More


View: