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5 posts tagged with EighthAmendment.
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I just freed an innocent man from death row. And I’m still furious.

I just freed an innocent man from death row. And I’m still furious. "Some people expect me to feel satisfied, or even happy. The truth is: I am angry. I am angry that we live in a world where two disabled boys can have their lives stolen from them, where cops can lie and intimidate with impunity, where innocent people can be condemned to die and where injustice is so difficult to bring to light. As I lie awake at night, mulling over the maddening details of this case, I wonder: How many more Henry McCollums are still imprisoned, waiting for help that will never come?" [more inside]
posted by scody on Sep 8, 2014 - 110 comments

"A system that serves no penological purpose... is unconstitutional."

A federal judge declared California's death penalty unconstitutional Wednesday, saying delays of 25 years or more in deciding appeals and carrying out occasional executions have created an arbitrary and irrational system that serves no legitimate purpose. Executions in California have already been on hold since 2006, due to problems with the procedures associated with lethal injection. If the ruling is upheld, California will join 18 other states (plus D.C.) that have abolished capital punishment. (Read the court's opinion here.)
posted by scody on Jul 16, 2014 - 46 comments

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Today the Supreme Court announced their 5-4 decision for Miller v. Alabama and found that mandatory life without parole sentences for juveniles who commit murder are unconstitutional. [more inside]
posted by Talez on Jun 25, 2012 - 165 comments

Alito's First Vote

Alito's First Vote. In his first significant act on the Supreme Court, Justice Alito splits with his conservative colleagues, and votes to refuse to let Missouri execute a death-row inmate contesting lethal injection. You can read the (very short) order on page four of yesterday's order sheet [pdf]. More commentary at SCOTUSblog, and discussion of Alito's approach to the death penalty is available at Sentencing Law & Policy.
posted by monju_bosatsu on Feb 2, 2006 - 38 comments

Cruel and Unusual - The End Of The Eighth Amendment

Cruel and Unusual - The End Of The Eighth Amendment
It might seem at first that the rules for the treatment of Iraqi prisoners were founded on standards of political legitimacy suited to war or emergencies; based on what Carl Schmitt called the urgency of the ''exception,'' they were meant to remain secret as necessary ''war measures'' and to be exempt from traditional legal ideals and the courts associated with them. But the ominous discretionary powers used to justify this conduct are entirely familiar to those who follow the everyday treatment of prisoners in the United States—not only their treatment by prison guards but their treatment by the courts in sentencing, corrections, and prisoners' rights. The torture memoranda, as unprecedented as they appear in presenting ''legal doctrines . . . that could render specific conduct, otherwise criminal, not unlawful,'' refer to U.S. prison cases in the last 30 years that have turned on the legal meaning of the Eighth Amendment’s language prohibiting ''cruel and unusual punishment.'' What is the history of this phrase? How has it been interpreted? And how has its content been so eviscerated?
posted by y2karl on Nov 8, 2004 - 25 comments

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