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Full-Text Articles in Law
The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry
The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry
St. John's Law Review
(Excerpt)
Part I discusses the development of the Court's ' kids are different" decisions. Part II argues that the rationale behind Graham applies not only to life-without-parole sentences but also to lengthy term-of-years sentences for juvenile non-homicide offenders. Part III suggests a constitutional mandate as to when states must provide a meaningful opportunity for release and explores other legislative action states can employ to comply with Graham.
The Death Penalty On The Streets: What The Eighth Amendment Can Teach About Regulating Police Use Of Force, Jelani Jefferson Exum
The Death Penalty On The Streets: What The Eighth Amendment Can Teach About Regulating Police Use Of Force, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
The use of force by police officers has traditionally been analyzed through the lens of Fourth Amendment reasonableness. The Supreme Court has decided that the proper question regarding the excessiveness of police force is whether the police officer acted as a reasonable law enforcement officer. When that police force is fatal — what this Article deems the death penalty on the streets — the legal question is the same, leaving us with an analysis that requires a heavy reliance on the officer's version of events and a host of disagreement on what constitutes appropriate police action. Reasonable minds can, …