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7 - Punishment Purposes and Eighth Amendment Disproportionality

from Part II - The Landscape of Eighth Amendment Doctrine

Published online by Cambridge University Press:  03 June 2020

By
Richard S. Frase
Edited by
Meghan J. Ryan  and
William W. Berry III
Meghan J. Ryan
Affiliation:
Southern Methodist University, Texas
William W. Berry III
Affiliation:
University of Mississippi
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Summary

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.

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Chapter
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The Eighth Amendment and Its Future in a New Age of Punishment , pp. 101 - 117
Publisher: Cambridge University Press
Print publication year: 2020

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