The Right to Protection against Cruel and Unusual Punishments
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Eighth Amedment Gaps: Can Conditions of Confinement Litigation Benefit From Proportionality Theory?
This Article focuses on two separate issues deriving from the Eighth Amendment’s “cruel and unusual punishment” clause. Specifically, it discusses classic conditions of confinement litigation and sentencing proportionality litigation. Confinement litigation includes cases challenging the lived experiences of prisoners such as overcrowding, excessive force, failure to provide adequate medical ca...
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Under the U.S. Supreme Court's 1989 decision in Stanford v. Kentucky, the Eighth Amendment's cruel and unusual punishments clause does not shield minors 16 or 17 years of age from the death penalty. Holding, astonishingly, that Stanford is no longer the law of the land, the Missouri Supreme Court recently reversed the death sentence of a 17-year-old murderer in Simmons v. Roper. The U.S. Suprem...
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Over the next decade an increasing number of new "pharmacotherapy" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the "highs" elicited by illegal drugs. Used as part of a drug treatmen...
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The Child and Adolescent Protection Act approved in 1399 have criminalized many sexually abusive acts against children and adolescents by using the term “sexual abuse” for the first time. Sexual abuse can be divided into two general categories: first, abuses in which the child or adolescent is the main target of perpetrator to satisfy his sexual needs, second, using child or adolescent as a mea...
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