Banishing The Ghost of Red Hannah: Proportionality, Originalism, & The Living Constitution In Delaware
Widener Law Review (2021)
Article I of Delaware’s constitution provides a powerful safeguard against excessive or disproportionate sentences that, so far, has gone unenforced. Many of the rights protected by Article I are similar to those protected by the federal constitution. Article I, § 11 of the Delaware Constitution, provides that “[e]xcessive bail shall not be...
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