Full Description
This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.
Contents
Part I. A History of the Eighth Amendment: 1. From the Founding to the Present: An Overview of Legal Thought and the Eighth Amendment's Evolution John D. Bessler; 2. Back to the Future: Originalism and the Eighth Amendment John F. Stinneford; 3. Eighth Amendment Federalism Michael J. Zydney Mannheimer; Part II. The Landscape of Eighth Amendment Doctrine; 4. Eighth Amendment Values William W. Berry III and Meghan J. Ryan; 5. The Power, Problems, and Potential of "Evolving Standards of Decency" Corinna Barrett Lain; 6. Judicial Hesitancy and Majoritarianism William W. Berry III; 7. Punishment Purposes and Eighth Amendment Disproportionality Richard S. Frase; 8. The Administrative Law of the Eighth Amendment Richard A. Bierschbach; 9. Evading the Eighth Amendment: Prison Conditions and the Courts Sharon Dolovich; 10. Excessive Deference—The Eighth Amendment Bail Clause Samuel R. Wiseman; 11. Nor Excessive Fines Imposed Beth A. Colgan; Part III. The Future of the Eighth Amendment; 12. Judicial Abolition of the American Death Penalty Under the Eighth Amendment: The Most Likely Path Carol Steiker and Jordan Steiker; 13. Back to the Future with Execution Methods Deborah W. Denno; 14. Evolving Standards of Lethal Injection Eric Berger; 15. The Future of Juvenile Life Without Parole Sentences Cara H. Drinan; 16. Metrics of Mayhem: Quantifying Capriciousness in Capital Cases Sherod Thaxton; 17. Race Discrimination in Punishment Jeffrey L. Kirchmeier; 18. Science and the Eighth Amendment Meghan J. Ryan
