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2010

Christopher J DeClue

Articles 1 - 3 of 3

Full-Text Articles in Law

Sugarcoating The Eighth Amendment, Christopher J. Declue Jul 2010

Sugarcoating The Eighth Amendment, Christopher J. Declue

Christopher J DeClue

This Article demonstrates that Eighth Amendment gross disproportionality review 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 a conceivable government purpose. Case law illustrates a similar standard is applied in the face of an Eighth Amendment challenge to the length of a prison sentence. Under gross disproportionality review, the length of a sentence is upheld so long as the sentence furthers a conceivable penological purpose. Moreover, under this standard, the length of a sentence violates the Eighth Amendment only on the rare occasion that ...


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 ...