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Constitutional Law

2010

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Selected Works

SelectedWorks

Christopher J DeClue

Articles 1 - 2 of 2

Full-Text Articles in Law

Sugarcoating The Eighth Amendment: Gross Disproportionality Review Is Simply The Fourteenth Amendment Rational-Basis Test, Christopher J. Declue Mar 2010

Sugarcoating The Eighth Amendment: Gross Disproportionality Review Is Simply The Fourteenth Amendment Rational-Basis Test, Christopher J. Declue

Christopher J DeClue

It is extremely difficult for a defendant to successfully challenge the length of a sentence under the Eighth Amendment’s prohibition of cruel and unusual punishment. To succeed in such a challenge, a defendant must establish that his sentence is grossly disproportionate to the offense. However, the Court has never offered consistent, workable guidelines to determine whether a sentence is grossly disproportionate.

This Article demonstrates that gross disproportionality review is simply a rational-basis test, one which is virtually identical to the Fourteenth Amendment rational-basis test. Under the Fourteenth Amendment rational-basis test, a law is upheld so long as it furthers ...


Sugarcoating The Eighth Amendment: Gross Disproportionality Review Is Simply The Fourteenth Amendment Rational-Basis Test, Christopher J. Declue Mar 2010

Sugarcoating The Eighth Amendment: Gross Disproportionality Review Is Simply The Fourteenth Amendment Rational-Basis Test, Christopher J. Declue

Christopher J DeClue

It is extremely difficult for a defendant to successfully challenge the length of a sentence under the Eighth Amendment’s prohibition of cruel and unusual punishment. To succeed in such a challenge, a defendant must establish that his sentence is grossly disproportionate to the offense. However, the Court has never offered consistent, workable guidelines to determine whether a sentence is grossly disproportionate.

This Article demonstrates that gross disproportionality review is simply a rational-basis test, one which is virtually identical to the Fourteenth Amendment rational-basis test. Under the Fourteenth Amendment rational-basis test, a law is upheld so long as it furthers ...