The Eighth Amendment and Its Future in a New Age of Punishment

A theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines.

Meghan J. Ryan (Edited by), William W. Berry III (Edited by)

9781108724210, Cambridge University Press

Paperback / softback, published 7 July 2022

338 pages, 4 b/w illus. 4 tables
22.9 x 15.1 x 1.8 cm, 0.5 kg

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.

Part I. A History of the Eighth Amendment: 1. From the Founding to the Present: An Overview of Legal Thought and the Eighth Amendment's Evolution John D. Bessler
2. Back to the Future: Originalism and the Eighth Amendment John F. Stinneford
3. Eighth Amendment Federalism Michael J. Zydney Mannheimer
Part II. The Landscape of Eighth Amendment Doctrine
4. Eighth Amendment Values William W. Berry III and Meghan J. Ryan
5. The Power, Problems, and Potential of “Evolving Standards of Decency” Corinna Barrett Lain
6. Judicial Hesitancy and Majoritarianism William W. Berry III
7. Punishment Purposes and Eighth Amendment Disproportionality Richard S. Frase
8. The Administrative Law of the Eighth Amendment Richard A. Bierschbach
9. Evading the Eighth Amendment: Prison Conditions and the Courts Sharon Dolovich
10. Excessive Deference—The Eighth Amendment Bail Clause Samuel R. Wiseman
11. Nor Excessive Fines Imposed Beth A. Colgan
Part III. The Future of the Eighth Amendment
12. Judicial Abolition of the American Death Penalty Under the Eighth Amendment: The Most Likely Path Carol Steiker and Jordan Steiker
13. Back to the Future with Execution Methods Deborah W. Denno
14. Evolving Standards of Lethal Injection Eric Berger
15. The Future of Juvenile Life Without Parole Sentences Cara H. Drinan
16. Metrics of Mayhem: Quantifying Capriciousness in Capital Cases Sherod Thaxton
17. Race Discrimination in Punishment Jeffrey L. Kirchmeier
18. Science and the Eighth Amendment Meghan J. Ryan

Subject Areas: Criminal law & procedure [LNF], Laws of Specific jurisdictions [LN], Criminology: legal aspects [LAR], Law & society [LAQ], Jurisprudence & philosophy of law [LAB], Law [L], Politics & government [JP], Offenders [JKVQ], Sociology [JHB], Social & political philosophy [HPS]