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  3. The Eighth Amendment and Its Future in a New Age of Punishment
  • Cited by 3
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    • Publisher:
      Cambridge University Press
      Publication date:
      03 June 2020
      11 June 2020
      ISBN:
      9781108653732
      9781108498579
      9781108724210
      DOI:
      https://doi.org/10.1017/9781108653732
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.6kg, 340 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.5kg, 340 Pages
      • Subjects:
      Area Studies, American Studies, American Government, Politics and Policy, Law, Politics and International Relations, Criminal Law
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    • Selected: Digital
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    Subjects:
    Area Studies, American Studies, American Government, Politics and Policy, Law, Politics and International Relations, Criminal Law
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    Book 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.

    Reviews

    '… there is not a weak bat in this lineup. It could serve as a textbook for a law school course on the Eighth Amendment, a resource for lawyers and law professors who labor in the shadow of the cruel and unusual punishments clause, and an important reminder for all students of the Constitution that the US is not only the country with the world’s largest prison population and the world’s highest per capita rate of incarceration, but also a country where the constitutional norm aimed at protecting that scandalously large population is both insufficiently developed and lackadaisically applied.'

    David R. Dow Source: Criminal Law and Criminal Justice Books

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