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Full-Text Articles in Law
The Eighth Amendment As A Warrant Against Undeserved Punishment, Scott Howe
The Eighth Amendment As A Warrant Against Undeserved Punishment, Scott Howe
Scott W. Howe
Should the Eighth Amendment prohibit all undeserved criminal convictions and punishments? There are grounds to argue that it must. Correlation between the level of deserts of the accused and the severity of the sanction represents the very idea of justice to most of us. We want to believe that those branded as criminals deserve blame for their conduct and that they deserve all of the punishments that they receive. The deserts limitation is also key to explaining the decisions in which the Supreme Court has rejected convictions or punishments as disproportional, including several major rulings in the new millennium. Yet, …
Legal Outlier, Again? U.S. Felon Suffrage: Comparative And International Human Rights Perspectives, Reuven (Ruvi) Ziegler
Legal Outlier, Again? U.S. Felon Suffrage: Comparative And International Human Rights Perspectives, Reuven (Ruvi) Ziegler
Dr. Reuven (Ruvi) Ziegler
The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European …
All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet
All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.