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U.S. Constitutions Eighth Amendment: Bail, Fines, and Punishments [Kietas viršelis]

  • Formatas: Hardback, 356 pages, aukštis x plotis: 229x152 mm, weight: 840 g
  • Išleidimo metai: 19-Dec-2024
  • Leidėjas: Routledge
  • ISBN-10: 036702599X
  • ISBN-13: 9780367025991
  • Formatas: Hardback, 356 pages, aukštis x plotis: 229x152 mm, weight: 840 g
  • Išleidimo metai: 19-Dec-2024
  • Leidėjas: Routledge
  • ISBN-10: 036702599X
  • ISBN-13: 9780367025991
"The U.S. Constitution's Eighth Amendment: Bail, Fines, and Punishments is an in-depth exploration of the Eighth Amendment's pivotal role in American jurisprudence. This comprehensive case-book is the very first of its kind, dedicated entirely to the Eighth Amendment, with every relevant Supreme Court precedent included to 2025. The book delves into the intricacies of bail, fines, and punishments litigation, featuring key excerpts from landmark Supreme Court cases which have defined the Amendment over the past 200 years. This work examines the historical context and evolving interpretations of the Amendment, starting with its origin in English Law and highlighting the impact of Supreme Court jurisprudence on the wider justice system. Through detailed analysis of major cases and carefully edited opinions, the book reveals how the Eighth Amendment shapes debates on relevant issues, providing unique insights into cases and addressing contemporary issues like mental health, confinement conditions, the vanishing applicability of the death penalty, and the importance of individualization in sentencing and punishment. Ideal for legal scholars, practitioners, and anyone interested in constitutional law, this is a vital resource for understanding one of the Constitution's most essential protections"--

The U.S. Constitution’s Eighth Amendment: Bail, Fines, and Punishments is an in-depth exploration of the Eighth Amendment's pivotal role in American jurisprudence. This comprehensive case-book is the very first of its kind, dedicated entirely to the Eighth Amendment, with every relevant Supreme Court precedent included to 2025.

The book delves into the intricacies of bail, fines, and punishments litigation, featuring key excerpts from landmark Supreme Court cases which have defined the Amendment over the past 200 years. This work examines the historical context and evolving interpretations of the Amendment, starting with its origin in English Law and highlighting the impact of Supreme Court jurisprudence on the wider justice system. Through detailed analysis of major cases and carefully edited opinions, the book reveals how the Eighth Amendment shapes debates on relevant issues, providing unique insights into cases and addressing contemporary issues like mental health, confinement conditions, the vanishing applicability of the death penalty, and the importance of individualization in sentencing and punishment.

Ideal for legal scholars, practitioners, and anyone interested in constitutional law, this is a vital resource for understanding one of the Constitution's most essential protections.



The U.S. Constitution’s Eighth Amendment: Bail, Fines, and Punishments is an in-depth exploration of the Eighth Amendment's pivotal role in American jurisprudence.

Introduction

Chapter
1. Framing and early history

The Eighth Amendments English and common law roots

Punishments context

The Eighth Amendment in the early United States

The Eighth lands on the Supreme Courts docket

Chapter
2. Interpretation and incorporation

Constitutional history and the backdrop of incorporation

The era of incorporation

Interpreting the Eighth Amendment

The beginning of a departure from evolutive decision-making?

Chapter
3. Excessive Bail

Incorporation of the Bail Clause

Bail before the Court

Chapter
4. Fines

History of the Fines Clause

1980s and 1990s review

Due process claims

Incorporating the Fines Clause

Chapter
5. The death penalty, from Furman to Gregg and beyond

Furman reaches the Court

The machinery of death, rebooted

Greggs legacy

Chapter
6. Limits on capital categories: classes of offence

Non-homicidal rape

Felony murder

Non-homicidal child rape

Chapter
7. Limits on capital offenders

Youth in capital sentencing

Intellectually disabled offenders

Chapter
8. Execution protocols

Early death penalty methods

The lethal injection

21st Century innovation

Chapter
9. Equal application and racial bias

Chapter
10. Non-capital proscriptions

Life imprisonment and proportionality

Revisiting proportionality

Juveniles and non-capital proportionality

Chapter
11. Confinement conditions and inmate rights

Extending punishments adjudication to prison health and safety

Confinement conditions at the turn of the century: caveating the limitations

Mass incarceration on trial

Unconstitutional solitude?

Conclusion
Charlie Eastaugh holds a First Class Honours degree (L.L.B) in English Law and a Ph.D. in U.S. Constitutional Law. His first book, Unconstitutional Solitude, focusing on the legality of long-term solitary confinement was published in 2016.