Book contents
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- 4 Eighth Amendment Values
- 5 The Power, Problems, and Potential of “Evolving Standards of Decency”
- 6 Judicial Hesitancy and Majoritarianism
- 7 Punishment Purposes and Eighth Amendment Disproportionality
- 8 The Administrative Law of the Eighth (and Sixth) Amendment
- 9 Evading the Eighth Amendment
- 10 Excessive Deference — The Eighth Amendment Bail Clause
- 11 Nor Excessive Fines Imposed
- Part III The Future of the Eighth Amendment
- Index
4 - Eighth Amendment Values
from Part II - The Landscape of Eighth Amendment Doctrine
Published online by Cambridge University Press: 03 June 2020
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- 4 Eighth Amendment Values
- 5 The Power, Problems, and Potential of “Evolving Standards of Decency”
- 6 Judicial Hesitancy and Majoritarianism
- 7 Punishment Purposes and Eighth Amendment Disproportionality
- 8 The Administrative Law of the Eighth (and Sixth) Amendment
- 9 Evading the Eighth Amendment
- 10 Excessive Deference — The Eighth Amendment Bail Clause
- 11 Nor Excessive Fines Imposed
- Part III The Future of the Eighth Amendment
- Index
Summary
As with many constitutional provisions, the language of the Eighth Amendment is open-ended and vague in its proscription of excessive bail, excessive fines, and cruel and unusual punishments. Because the language of the Constitution does not provide any additional descriptive information concerning what might make bail or fines excessive, or punishments cruel and unusual, courts must look beyond the text itself to ascertain the meaning of the Eighth Amendment. With respect to the prohibition on cruel and unusual punishments, the U.S. Supreme Court has, over the course of several decades, articulated a number of relevant underlying values that offer some guidance in interpreting this Eighth Amendment provision. These values are also helpful in assessing the excessiveness of bail and fines.
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- Publisher: Cambridge University PressPrint publication year: 2020