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Keywords: Eighth Amendment
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Journal Articles
Federal Sentencing Reporter (2022) 34 (2-3): 98–106.
Published: 01 February 2022
... acknowledge the implications of accepting restitution as punishment. If courts would concede restitution’s punitive purpose and effect, the Constitution could limit the scope of restitution awards — through the Sixth Amendment’s jury trial right and the Eighth Amendment’s excessive fines clause. Under...
Journal Articles
Federal Sentencing Reporter (2021) 33 (4): 278–284.
Published: 01 April 2021
...) made Miller retroactive.7 These landmark for all persons,16 thereby re ecting the disinclination Eighth Amendment decisions had a profound in uence on toward very long sentences in most Western reform movements nationwide, as they inspired twenty- democracies.17 four states to fully abolish life...
Journal Articles
Federal Sentencing Reporter (2020) 32 (5): 264–271.
Published: 18 June 2020
..., it sets out why indefinitely incarcerating someone with dementia or other neurocognitive disorders violates the Eighth Amendment of the United States Constitution’s prohibition on cruel and unusual punishment. This conclusion derives from the confluence of two lines of U.S. Supreme Court precedent. First...
Journal Articles
Federal Sentencing Reporter (2014) 27 (1): 7–8.
Published: 01 October 2014
... is a last resort, prisons are designed to be as “normal” as possible. The State’s responsibility goes past the constitutional minimum under the Eighth Amendment to provide food, clothing, shelter and personal safety. Reintegration into the community—not punishment—is the primary objective. These values...
Journal Articles
Federal Sentencing Reporter (2014) 27 (1): 9–18.
Published: 01 October 2014
... reform efforts in the United States as well as changes in correctional training and supervision practices. © 2014 Vera Institute of Justice 2014 Human dignity human rights resocialization rehabilitation evidence-based practices Eighth Amendment cruel and unusual punishment mandatory...