ABA Journal

Eighth Amendment

34 ABA Journal Eighth Amendment articles.

Forfeiture of convicted drug dealer’s Land Rover was an excessive fine, state supreme court rules

The Indiana Supreme Court has ruled that a convicted drug dealer who challenged the forfeiture of his Land Rover before the U.S. Supreme Court should get his vehicle back.

Chemerinsky: Precedent seems to matter little in the Roberts Court

How much weight does the Roberts Court give to precedent? This is the crucial underlying question now that the U.S. Supreme Court has granted review in Dobbs v. Jackson Women’s Health Organization, which puts the fate of Roe v. Wade before the justices. The case concerns a Mississippi law that prohibits abortions after the 15th week of pregnancy.

Chemerinsky op-ed calls on Justice Breyer to retire now

U.S. Supreme Court Justice Ruth Bader Ginsburg didn't heed calls to resign when law dean Erwin Chemerinsky wrote a March 2014 op-ed making that plea.

Juvenile can get life without parole for murder without finding of permanent incorrigibility, Supreme Court rules

The U.S. Supreme Court ruled Thursday that a defendant can be sentenced to life without parole for a homicide committed as a juvenile without a separate finding of permanent incorrigibility.

Costly municipal fines and fees spark a movement for reform

Across the country, Americans are being hit with hefty fines and fees for petty violations, advocates for reform say, igniting a movement pressing for change. “Code enforcement exists to promote public health and safety, but the way we’re seeing it happen across the country right now is to make money,” Institute for Justice attorney Kirby Thomas West says.

Nation’s oldest, longest-serving juvenile lifer is released from prison at age 83

The nation’s oldest, longest-serving juvenile lifer was released from prison this month at age 83, thanks to a pair of U.S. Supreme Court decisions.

What can Texas tell us about the rise and fall of the death penalty?

In Let The Lord Sort Them: The Rise and Fall of the Death Penalty, Maurice Chammah shares how Texas became the country’s capital punishment capital.

‘This is not justice’: Sotomayor slams final federal executions before Biden’s inauguration

Dustin John Higgs was executed early Saturday, the 13th inmate to be put to death since the federal government resumed executions after a 17-year hiatus.

Can being forced to listen to ‘Baby Shark’ be considered cruel and unusual punishment?

I can’t pinpoint exactly what makes the song so intolerable after repeated listens. All I know is I’m not alone. Other adults have realized “Baby Shark” can be weaponized, and they are using it to their advantage.

2 justices dissent over Supreme Court’s refusal to restore COVID-19 safety steps at ‘tinderbox’ prison

The U.S. Supreme Court on Monday denied a request by two older inmates at a Texas geriatric prison to reinstate a judge’s order requiring COVID-19 safety measures.

Inmate is entitled to sue over claim his cell had ‘massive amounts’ of feces, SCOTUS rules

Prison officials don’t have qualified immunity from a lawsuit by an inmate who claims that he was held in a cell covered in “massive amounts” of feces, the U.S. Supreme Court ruled Monday in a per curiam opinion.

Supreme Court lifts injunction requiring COVID-19 safety measures at jail

The U.S. Supreme Court on Wednesday lifted an injunction requiring the sheriff of Orange County, California, to implement COVID-19 safety measures at the jail.

US conducts first federal execution since 2003 after Supreme Court vacates injunction

Federal inmate Daniel Lewis Lee died by lethal injection on Tuesday morning in the first federal execution since 2003.

SCOTUS refuses to block order to move at-risk inmates at prison with high COVID-19 rate

The U.S. Supreme Court refused Tuesday to stay a judge’s order requiring the Federal Bureau of Prisons to release or transfer inmates at an Ohio prison who face greater risks if they contract COVID-19.

Supreme Court declines to block sex reassignment surgery for transgender inmate

The U.S. Supreme Court declined Thursday night to stay court-ordered sex reassignment surgery for a transgender inmate.

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