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Trying To Get It Right--Ohio, From The Eighties To The Teens, Margery M. Koosed
Trying To Get It Right--Ohio, From The Eighties To The Teens, Margery M. Koosed
Hofstra Law Review
The article discusses the history of the capital punishment (CP) laws and litigation in Ohio as of 2015, and it mentions the Ohio Supreme Court, scrutiny of the state's CP system, and the claim that Texas and Ohio have performed the most executions in America. Justice is addressed in relation to the efforts to improve Ohio's criminal defense services. The U.S. Constitution's Eight and Fourteenth Amendments are examined, along with the CP-related cases Furman v. Georgia and Lockett v. Ohio.
The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott W. Howe
The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott W. Howe
Hofstra Law Review
In its opinion in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), concerning the incorporation of the Second Amendment, the Supreme Court included a footnote that listed the Eighth Amendment prohibition on excessive bail as one of the incorporated Bill of Rights protections. Oddly, the Court had never incorporated the bail clause or even explained what protections it conferred. While strange, these circumstances provide a rare opportunity to reason backward from incorporation to the meaning of the incorporated provision. And by pursuing those backward implications, the paper offers novel arguments about the proper understanding of the bail clause.
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