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Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee
Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee
Faculty Scholarship
This article considers judicial regulation of excessive punishments through the Eighth Amendment.
Constitutional Right Against Excessive Punishment, The, Youngjae Lee
Constitutional Right Against Excessive Punishment, The, Youngjae Lee
Faculty Scholarship
When is a death sentence, a sentence of imprisonment, or a fine so "excessive" or "disproportionate" in relation to the crime for which it is imposed that it violates the Eighth Amendment? Despite the urgings of various commentators and the Supreme Court's own repeated, albeit uncertain, gestures in the direction of proportionality regulation by the judiciary, the Court's answer to this question within the past few decades is a body of law that is messy and complex, yet largely meaningless as a constraint. In the core of this ineffectual and incoherent proportionality jurisprudence lies a conceptual confusion over the meaning …