Book contents
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- Part III The Future of the Eighth Amendment
- 12 Judicial Abolition of the American Death Penalty under the Eighth Amendment: The Most Likely Path
- 13 Back to the Future with Execution Methods
- 14 Evolving Standards of Lethal Injection
- 15 The Future of Juvenile Life-Without-Parole Sentences
- 16 Metrics of Mayhem
- 17 Race Discrimination in Punishment
- 18 Science and the Eighth Amendment
- Index
18 - Science and the Eighth Amendment
from Part III - The Future of the Eighth Amendment
Published online by Cambridge University Press: 03 June 2020
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- Part III The Future of the Eighth Amendment
- 12 Judicial Abolition of the American Death Penalty under the Eighth Amendment: The Most Likely Path
- 13 Back to the Future with Execution Methods
- 14 Evolving Standards of Lethal Injection
- 15 The Future of Juvenile Life-Without-Parole Sentences
- 16 Metrics of Mayhem
- 17 Race Discrimination in Punishment
- 18 Science and the Eighth Amendment
- Index
Summary
As time hurtles forward, new science constantly emerges, and many scientific fields can shed light on whether a punishment is unconstitutionally cruel and unusual, or even on whether bail or fines are unconstitutionally excessive under the Eighth Amendment. In fact, in recent years, science has played an increasingly important role in the Court’s Eighth Amendment jurisprudence. From the development of an offender’s brain, to the composition of lethal injection drugs, even to measurements of pain, knowledge of various scientific fields is becoming central to understanding whether a punishment is unconstitutionally cruel and unusual. There are a number of limits to how the Court can weave science into its decisions, though. For example, relevant data are difficult to come by, as ethical limitations prevent a wide swath of focused research that could be useful in this arena. Further, the Justices’ understandings of the complicated science that can help inform their Eighth Amendment decisions are limited. This chapter examines the relevance and limitations of science — both physical and social — in Eighth Amendment analyses.
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- The Eighth Amendment and Its Future in a New Age of Punishment , pp. 299 - 316Publisher: Cambridge University PressPrint publication year: 2020