The Eighth Amendment and Its Future in a New Age of Punishment by Meghan J. Ryan

Description: The Eighth Amendment and Its Future in a New Age of Punishment by Meghan J. Ryan, William W. Berry III A valuable resource by the leading experts in the field for students, academics, and lawyers interested in constitutional and criminal law and procedure, including the death penalty, life without parole, juvenile offenders, bail reform, excessive fines, constitutional theory, criminal law theory, and criminal justice reform. FORMAT Paperback CONDITION Brand New Publisher Description This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science. Author Biography Meghan J. Ryan is the Associate Dean for Research and Altshuler Distinguished Teaching Professor at Southern Methodist University (SMU) Dedman School of Law in Dallas, TX. An award-winning scholar and teacher, her work spans the areas of criminal law & procedure, law & science, and torts. Her writing focuses primarily on the U.S. Supreme Courts Eighth Amendment jurisprudence, wrongful convictions and sentencing, and the roles of science and technology in the law. She is also engaged in interdisciplinary projects such as collaborating with engineers and statisticians to find a scientific basis for various forms of forensic evidence. William W. Berry III is a Professor of Law and Montague Professor at the University of Mississippi School of Law, where he teaches and writes about criminal law, focusing on issues related to criminal sentencing and the death penalty. He has published extensively on the Eighth Amendment, including articles in the Texas Law Review, Southern California Law Review, UCLA Law Review, and Washington University Law Review, among others. He is also co-author of several books, including Criminal Law (Ninth Edition, 2020). Table of Contents Part I. A History of the Eighth Amendment: 1. From the Founding to the Present: An Overview of Legal Thought and the Eighth Amendments Evolution John D. Bessler; 2. Back to the Future: Originalism and the Eighth Amendment John F. Stinneford; 3. Eighth Amendment Federalism Michael J. Zydney Mannheimer; Part II. The Landscape of Eighth Amendment Doctrine; 4. Eighth Amendment Values William W. Berry III and Meghan J. Ryan; 5. The Power, Problems, and Potential of "Evolving Standards of Decency" Corinna Barrett Lain; 6. Judicial Hesitancy and Majoritarianism William W. Berry III; 7. Punishment Purposes and Eighth Amendment Disproportionality Richard S. Frase; 8. The Administrative Law of the Eighth Amendment Richard A. Bierschbach; 9. Evading the Eighth Amendment: Prison Conditions and the Courts Sharon Dolovich; 10. Excessive Deference—The Eighth Amendment Bail Clause Samuel R. Wiseman; 11. Nor Excessive Fines Imposed Beth A. Colgan; Part III. The Future of the Eighth Amendment; 12. Judicial Abolition of the American Death Penalty Under the Eighth Amendment: The Most Likely Path Carol Steiker and Jordan Steiker; 13. Back to the Future with Execution Methods Deborah W. Denno; 14. Evolving Standards of Lethal Injection Eric Berger; 15. The Future of Juvenile Life Without Parole Sentences Cara H. Drinan; 16. Metrics of Mayhem: Quantifying Capriciousness in Capital Cases Sherod Thaxton; 17. Race Discrimination in Punishment Jeffrey L. Kirchmeier; 18. Science and the Eighth Amendment Meghan J. Ryan Review … there is not a weak bat in this lineup. It could serve as a textbook for a law school course on the Eighth Amendment, a resource for lawyers and law professors who labor in the shadow of the cruel and unusual punishments clause, and an important reminder for all students of the Constitution that the US is not only the country with the worlds largest prison population and the worlds highest per capita rate of incarceration, but also a country where the constitutional norm aimed at protecting that scandalously large population is both insufficiently developed and lackadaisically applied. David R. Dow, Criminal Law and Criminal Justice Books Promotional A theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. Promotional "Headline" A theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. Details ISBN1108724213 Pages 338 Publisher Cambridge University Press Year 2022 ISBN-10 1108724213 ISBN-13 9781108724210 Publication Date 2022-07-07 UK Release Date 2022-07-07 Format Paperback Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom Illustrations Worked examples or Exercises; 4 Tables, black and white; 4 Halftones, black and white AU Release Date 2022-07-07 NZ Release Date 2022-07-07 Author William W. Berry III Edited by William W. 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