The Eighth Amendment and Its Future in a New Age of Punishment

This book explores the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines, with contributions from leading academics and experts. It addresses constitutional theory, legal history, federalism, and criminal justice actors.

Format: Paperback / softback
Length: 338 pages
Publication date: 07 July 2022
Publisher: Cambridge University Press

This comprehensive book delves into a thorough theoretical and practical examination of the constitutional prohibition against cruel and unusual punishments, excessive bail, and excessive fines. It explores the historical origins, evolving legal doctrines, and potential future applications of the Eighth Amendment. Drawing upon the expertise of esteemed academics and experts in the field, the book addresses a wide range of topics, including constitutional theory, legal history, federalism, constitutional values, applicable legal doctrines, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law and science.

The book begins by tracing the historical roots of the Eighth Amendment, highlighting the philosophical and societal concerns that led to its inclusion in the United States Constitution. It examines the evolution of legal doctrines surrounding these protections, including the landmark cases that have shaped the interpretation of the amendment.

In the subsequent chapters, the book delves into the practical implications of the Eighth Amendment. It explores the various types of punishments that may violate the amendment, such as excessive bail, fines, and the death penalty. It examines the constitutional standards that govern these punishments and the factors that courts consider when evaluating their constitutionality.

The book also examines the role of criminal justice actors in upholding the Eighth Amendment. It discusses the responsibilities of prosecutors, judges, defense attorneys, and prison officials in ensuring that punishments are not cruel and unusual. It highlights the potential for prosecutorial misconduct and racial discrimination in the criminal justice system and explores the legal remedies available to victims of such violations.

Throughout the book, the authors employ a multidisciplinary approach, drawing upon insights from various fields such as law, philosophy, sociology, and psychology. This approach allows for a comprehensive analysis of the issues surrounding the Eighth Amendment and provides a rich understanding of its implications for criminal justice and society as a whole.

In conclusion, this book is a valuable resource for scholars, practitioners, and policymakers interested in understanding the constitutional protections against cruel and unusual punishments, excessive bail, and excessive fines. It offers a comprehensive examination of the historical, legal, and practical aspects of the Eighth Amendment and provides insightful perspectives on the future of this important constitutional provision.

Weight: 494g
Dimension: 150 x 228 x 22 (mm)
ISBN-13: 9781108724210