Digital Commons Network^™

The Mandate Of Miller, William W. Berry Iii

William W Berry III

In applying the Eighth Amendment’s prohibition against cruel and unusual punishments, the United States Supreme Court has long abided by one core principle: death is different. Because the consequences of an execution are unique in their severity and irrevocability, counsels the Court, the Eighth Amendment requires that capital cases receive a heightened set of safeguards not available in non-capital cases. Likewise, the Court has historically refused to apply the Eighth Amendment to restrict disproportionate sentences in non-capital cases, even where the sentence imposed seems particularly excessive.

Recently, however, the Court has twice breached this formerly impervious barrier between capital and …