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The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding
The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding
Law Faculty Scholarly Articles
The objective of this article is to examine this issue by formulating an analytical framework for determining when methods of execution constitute cruel and unusual punishment. This task is accomplished Part II by briefly tracing the historical evolution of the Eighth Amendment's Cruel and Unusual Punishments Clause. Part III examines the prohibition's core components. Part IV reviews the traditional and modem interpretations of cruel and unusual punishment as applied to the methods of capital punishment, and assesses the standard with which to determine whether a specific method of execution comports with the present interpretation of cruel and unusual punishment as …