In Part I, the Article begins by providing an overview of Eighth Amendment gross disproportionality doctrine and its use in state constitutional analogues to the Eighth Amendment. Part II examines the …

Sep 4, 2025 · As relevant here, the Eighth Amendment forbids the government from subjecting individuals to “cruel and unusual punishments.” This prohibition applies on its own terms to federal …

Granucci shows that it was the perjury case of Titus Oates and not the abuses of the Bloody Assize that motivated the ban on cruel and unusual punishments in the English Bill of Rights.

campaign to challenge death in prison sentences imposed on young children. This report is intended to illuminate this cruel and unusual punishment inflicted on children, particularly for those who have …

Not only is solitary confinement cruel and inhumane, but it is also unjustifiably expensive by all measures. This section evaluates the immediate costs levied by isolation, including increased …

Unlike so many examples of cruel and unusual punishment in which the act in question might only qualify as either cruel or unusual, Poe’s story easily meets the criteria for both, and is perhaps the …

In aim and method, this book is frankly “Theoretical.” This is no place for a professio fidei on method. Perhaps I think somewhat differently now about the relation between “factual” and “theoretical” …