The Eighth Amendment and its future in a new age of punishment /
Ryan, Meghan J.,editor.
Berry, William W.,III,1974-editor.
"In 2002, the Supreme Court decided Atkins v. Virginia, opening the door to the Court's application of the Eighth Amendment on an almost annual basis - Roper v. Simmons (2005), Kennedy v. Louisiana (2007), Baze v. Rees (2008), Graham v. Florida (2010), Brown v. Plata (2011), Miller v. Alabama (2012), Hall v. Florida (2014), Glossip v. Gross (2015), Moore v. Texas (2017), Bucklew v. Precythe (2019), Timbs v. Indiana (2019), Kahler v. Kansas (2019-20 term), and Mathena v. Malvo (2019-20 term). These decisions generated a number of interesting conversations and papers by many of the contributors to this book. Some particularly memorable conversations included a SEALS panel in the summer of 2011 in Hilton Head, South Carolina, with John Stinneford and Corinna Lain; a Law & Society panel in Boston, Massachusetts in 2013 with Rick Bierschbach and Beth Colgan; a Law & Society panel in Minneapolis, Minnesota in 2014 with Richard Frase; an AALS panel in 2016 in New York City with Corinna Lain, Debby Denno, and Eric Berger; and a Law & Society panel in Washington, DC in 2019 with Corinna Lain and John Bessler. And of course, we should mention the SEALS panel we had in August 2018 in Fort Lauderdale, Florida with many of the contributors in preparation for this volume: Rick Bierschbach, Mike Mannheimer, Debby Denno, John Bessler, Corinna Lain, John Stinneford, and Cara Drinan"--
Includes bibliographical references and index.
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 and 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 bbolition 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 / 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.
"In 2002, the Supreme Court decided Atkins v. Virginia, opening the door to the Court's application of the Eighth Amendment on an almost annual basis - Roper v. Simmons (2005), Kennedy v. Louisiana (2007), Baze v. Rees (2008), Graham v. Florida (2010), Brown v. Plata (2011), Miller v. Alabama (2012), Hall v. Florida (2014), Glossip v. Gross (2015), Moore v. Texas (2017), Bucklew v. Precythe (2019), Timbs v. Indiana (2019), Kahler v. Kansas (2019-20 term), and Mathena v. Malvo (2019-20 term). These decisions generated a number of interesting conversations and papers by many of the contributors to this book. Some particularly memorable conversations included a SEALS panel in the summer of 2011 in Hilton Head, South Carolina, with John Stinneford and Corinna Lain; a Law & Society panel in Boston, Massachusetts in 2013 with Rick Bierschbach and Beth Colgan; a Law & Society panel in Minneapolis, Minnesota in 2014 with Richard Frase; an AALS panel in 2016 in New York City with Corinna Lain, Debby Denno, and Eric Berger; and a Law & Society panel in Washington, DC in 2019 with Corinna Lain and John Bessler. And of course, we should mention the SEALS panel we had in August 2018 in Fort Lauderdale, Florida with many of the contributors in preparation for this volume: Rick Bierschbach, Mike Mannheimer, Debby Denno, John Bessler, Corinna Lain, John Stinneford, and Cara Drinan"--
United States.
Punishment
Criminal justice, Administration of
Law reform