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non-capital cases

Does Atkins Make A Difference In Non-Capital Cases?

William & Mary Bill of Rights Journal (2014)

The holding in Atkins v. Virginia is clear. The execution of [intellectually disabled people] … is unconstitutional. One other feature of the Atkins decision is also certain; the reason the 8th Amendment is violated by the use of the death penalty with such convicted defendants. That is because defendants with intellectual disabilities...

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The Court of Life & Death: The Two Tracks of Constitutional Sentencing Law & the Case for Uniformity

Michigan Law Review (2009)

The Supreme Court takes two very different approaches to substantive sentencing law. Whereas its review of capital sentences is robust, its oversight of noncapital sentences is virtually nonexistent. Under the Court’s reading of the Constitution, states must draft death penalty statutes with enough guidance to avoid death sentences being imposed in an...

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Strict Scrutiny Under The Eighth Amendment

Florida State University Law Review (2013)

The basic principle of the Supreme Court’s interpretation of the Eighth Amendment is that the phrase “cruel and unusual” must draw its meaning from “the evolving standards of decency that mark the progress of a maturing society.” To implement this principle, the Court has considered whether “objective indicia” of prevailing com-munity norms...

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Unconstitutional Incarceration: Applying Strict Scrutiny to Criminal Sentences

The Yale Law Journal (2020)

The deprivation of a fundamental right triggers strict scrutiny, and freedom from physical restraint is a fundamental right. Indeed, the right to be free from physical restraint lies at the very core of the liberty protected by the Due Process Clause. In the contexts of pretrial detention and civil commitment, courts hold...

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Some Thoughts On Proportionality

Oregon Law Review (2008)

This Article reviews the ancient concept of proportionality in punishment and turns to the more systematic application of this concept in the mid-18th century by Cesare Beccaria and William Blackstone and to current discussions of “just deserts” as a theory of criminal punishment. The Article then returns to the historical development of...

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