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
- 1 From the Founding to the Present
- 2 Back to the Future
- 3 Eighth Amendment Federalism
- Part II The Landscape of Eighth Amendment Doctrine
- Part III The Future of the Eighth Amendment
- Index
2 - Back to the Future
Originalism and the Eighth Amendment
from Part I - A History 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
- 1 From the Founding to the Present
- 2 Back to the Future
- 3 Eighth Amendment Federalism
- Part II The Landscape of Eighth Amendment Doctrine
- Part III The Future of the Eighth Amendment
- Index
Summary
Over the past half-century, the Supreme Court has generally refused to rely on the original meaning of the Cruel and Unusual Punishments Clause in deciding Eighth Amendment cases. Instead, it has held that Eighth Amendment claims must be evaluated in light of contemporary standards: “the evolving standards of decency that mark the progress of a maturing society.” The result has been an almost unmitigated disaster for criminal offenders. Although the Court has occasionally intervened to limit the (already rarely used) death penalty, it has taken a hands-off approach to the 99.999% of adult offenders subject to a punishment other than death.
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- Publisher: Cambridge University PressPrint publication year: 2020