Law Commons^™

No Pride, All Prejudice: Addressing Lgbtq+ Bias In Capital Punishment Sentencing, Bailey P. Stamp

Lincoln Memorial University Law Review Archive

To this day, members of the LGBTQ+ community face discrimination in criminal sentencing, especially in capital punishment. Far too often, a defendant’s sexuality is used to demonize them to entice juror bias. Because of this, members of the LGBTQ+ community often face harsher sentences than those who are not. To help combat this issue, stricter safeguards must be implemented to help eliminate the discriminatory capital sentencing of defendants who identify as LGBTQ+.

While some classes, such as race and gender, are protected under the Equal Protection Clause of the Fourteenth Amendment, courts have yet to determine whether sexual orientation should …

Disabilities On Death Row: The Ada, Ableism, And Alternatives To The Eighth Amendment, Christopher Hill J.D., Ll.M

Lincoln Memorial University Law Review Archive

In one of the most recent death penalty cases, the Supreme Court of the United States held that the Eighth Amendment to the Constitution’s prohibition against cruel and unusual punishment does not guarantee a painless death and that the execution was constitutional if there was not “superadded” pain, despite the inmate’s disability causing extreme pain when he was required to lie down on a gurney.While the Court used an Eight Amendment analysis to determine whether additional pain triggers further protection for a death row inmate, it may be time to view some cruel and unusual punishment claims under a disability …