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New Arrival The U.S. Constitution’s Eighth Amendment: Bail, Fines, and Punishments

The U.S. Constitution’s Eighth Amendment: Bail, Fines, and Punishments

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367026011
  • 出版时间 January 2025
  • 规格: Paperback
  • 适应领域:  ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥504.78

¥489.64 Save ¥15.14 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • Introduction

    Chapter 1. Framing and early history
    The Eighth Amendment’s English and common law roots
    Punishments context
    The Eighth Amendment in the early United States
    The Eighth lands on the Supreme Court’s 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
    Gregg’s 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

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