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Bucklew V. Precythe: The Power Of Assumptions And Lethal Injection, Renata Gomez
Bucklew V. Precythe: The Power Of Assumptions And Lethal Injection, Renata Gomez
Duke Journal of Constitutional Law & Public Policy Sidebar
Once again, the Supreme Court of the United States has an opportunity to determine the extent to which death-row inmates can bring as-applied challenges to the states’ method of execution and prevent possible botched executions. In Bucklew v. Precythe, the Court will confront the assumptions that the execution team is equipped to handle any execution and that the procedure will go as planned. Additionally, the Court will determine whether the standard articulated in Glossip v. Gross, which requires inmates asserting facial challenges to the states’ method of execution to plead a readily available alternative method of execution, further …
Timbs V. Indiana: The Constitutionality Of Civil Forfeiture When Used By States, Kris Fernandez
Timbs V. Indiana: The Constitutionality Of Civil Forfeiture When Used By States, Kris Fernandez
Duke Journal of Constitutional Law & Public Policy Sidebar
In Timbs v. Indiana, Petitioner Tyson Timbs asks the Supreme Court to incorporate the Excessive Fines Clause of the Eighth Amendment against the states, providing extra protection for individuals against fines and forfeiture that are “grossly disproportionate” to the harm caused. The decision to incorporate the Excessive Fines Clause and the guidelines for applying that incorporation would have a substantial effect on governments, which often rely on the revenue gained from forfeiture. This commentary argues that the Supreme Court of the United States should incorporate the Excessive Fines Clause based on historical support of an individual’s right to be …