9781108653732 (ebook) 9781108498579 (hardback) 9781108724210 (paperback)
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.
Title from publisher's bibliographic system (viewed on 11 Jun 2020).
Formatted Contents Note
From the Founding to the Present : An Overview of Legal Thought and the Eighth Amendment's Evolution / John D. Bessler Back to the Future : Originalism and the Eighth Amendment / John F. Stinneford Eighth Amendment Federalism / Michael J. Zydney Mannheimer Eighth Amendment Values / William W. Berry III & Meghan J. Ryan The Power, Problems, and Potential of "Evolving Standards of Decency" / Corinna Barrett Lain Judicial Hesitancy and Majoritarianism / William W. Berry III Punishment Purposes and Eighth Amendment Disproportionality / Richard S. Frase The Administrative Law of the Eighth Amendment / Richard A. Bierschbach Evading the Eighth Amendment : Prison Conditions and the Courts / Sharon Dolovich Excessive Deference : The Eighth Amendment Bail Clause / Samuel R. Wiseman Nor Excessive Fines Imposed / Beth A. Colgan Judicial Abolition of the American Death Penalty Under the Eighth Amendment : The Most Likely Path / Carol Steiker and Jordan Steiker Back to the Future with Execution Methods / Deborah W. Denno Evolving Standards of Lethal Injection by Eric Berger The Future of Juvenile Life Without Parole Sentences / Cara H. Drinan Metrics of Mayhem : Quantifying Capriciousness in Capital Cases / Sherod Thaxton Race Discrimination in Punishment / Jeffrey L. Kirchmeier Science and the Eighth Amendment / Meghan J. Ryan.