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Criminal Law

Eighth Amendment

University of Maryland Francis King Carey School of Law

Articles 1 - 5 of 5

Full-Text Articles in Law

Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes Jun 2015

Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes

Maryland Law Review

No abstract provided.


Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten Jan 2011

Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten

Faculty Scholarship

No abstract provided.


A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray Oct 2010

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

Faculty Scholarship

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …


Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright Jan 2005

Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe Jan 2005

Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.