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Full-Text Articles in Criminology
Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas
Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas
All Faculty Scholarship
Since the turn of the century, the Supreme Court has begun to regulate non-capital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Though both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate lines of doctrine respond to structural imbalances in non-capital sentencing by promoting morally appropriate punishment judgments that are based on …
Capital Punishment In The Lone Star State : A County-Level Analysis Of Contextual Effects On Sentencing, Jennifer Lynn Owens
Capital Punishment In The Lone Star State : A County-Level Analysis Of Contextual Effects On Sentencing, Jennifer Lynn Owens
Legacy Theses & Dissertations (2009 - 2024)
In its landmark decision, Furman v. Georgia (1972), the Supreme Court held all existing death penalty statutes unconstitutional, largely due to the arbitrary nature of the capital sentencing processes that resulted from them. In response to the Furman decision, several states revised their death penalty statutes to address the Court's concerns. Although the Court upheld the newly-drafted statutes in Gregg v. Georgia (1976) and its companion cases, subsequently reinstating the death penalty, intrastate variation in death sentencing suggests that the death penalty may continue to be applied in an arbitrary and capricious manner inconsistent with the Eighth Amendment. This dissertation …