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  • Print publication year: 2020
  • Online publication date: June 2020

7 - Punishment Purposes and Eighth Amendment Disproportionality

from Part II - The Landscape of Eighth Amendment Doctrine


This chapter examines how Eighth Amendment standards banning disproportionately severe penalties could and should take account of traditional purposes of punishment, in particular, retributive and non-retributive (crime-control) goals and limitations.