The Eighth Amendment And Its Future In A New Age Of Punishment
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Author | : Meghan J. Ryan |
Publisher | : Cambridge University Press |
Total Pages | : 339 |
Release | : 2020-06-11 |
Genre | : Law |
ISBN | : 1108580289 |
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.
Author | : Robert Hazell |
Publisher | : Cambridge University Press |
Total Pages | : 285 |
Release | : 2015-04-30 |
Genre | : History |
ISBN | : 110711277X |
In this book top scholars analyse the historic and contemporary influence of Magna Carta, challenging its common myths.
Author | : Jeffrey L. Kirchmeier |
Publisher | : |
Total Pages | : 450 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199967938 |
In 1987, the United States Supreme Court decided a case that could have ended the death penalty in the United States. Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today. McCleskey's case resulted in one of the most important Supreme Court decisions in U.S. history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case currently marks the last time that the Supreme Court had a realistic chance of completely striking down capital punishment. As such, the case also marked a turning point in the death penalty debate in the country. Going back nearly four centuries, this book connects McCleskey's life and crime to the issues that have haunted the American death penalty debate since the first executions by early settlers through the modern twenty-first century death penalty. Imprisoned by the Past ties together three unique American stories. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.
Author | : Carol S. Steiker |
Publisher | : Harvard University Press |
Total Pages | : 401 |
Release | : 2016-11-07 |
Genre | : History |
ISBN | : 0674737423 |
Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
Author | : United States. National Criminal Justice Information and Statistics Service |
Publisher | : |
Total Pages | : 112 |
Release | : 1979 |
Genre | : Capital punishment |
ISBN | : |
Author | : William T. Pizzi |
Publisher | : Routledge |
Total Pages | : 333 |
Release | : 2020-09-17 |
Genre | : Fiction |
ISBN | : 1000180468 |
The Supreme Court’s Role in Mass Incarceration illuminates the role of the United States Supreme Court’s criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades—despite the substantial decline in the crime rate—the author posits that part of the explanation is the Court’s failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate—the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.
Author | : Austin Sarat |
Publisher | : Stanford University Press |
Total Pages | : 257 |
Release | : 2011-08-29 |
Genre | : Law |
ISBN | : 0804782113 |
Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Author | : Cara H. Drinan |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0190605553 |
Despite inventing the juvenile court a little more than a century ago, the United States has become an international outlier in its juvenile sentencing practices. The War on Kids explains how that happened and how policymakers can correct the course of juvenile justice today.
Author | : Larry Alexander |
Publisher | : Springer Nature |
Total Pages | : 794 |
Release | : 2019-12-02 |
Genre | : Philosophy |
ISBN | : 3030228118 |
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Author | : Elizabeth S Scott |
Publisher | : Harvard University Press |
Total Pages | : 379 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674043367 |
What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.