Eighth Amendment

30 ABA Journal Eighth Amendment articles.

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.
Afternoon Briefs: Harvard Law prof drops ‘clickbait defamation’ suit; Trump campaign sues TV station over ad

Law prof drops ‘clickbait defamation’ suit after edits

Harvard Law professor Lawrence Lessig has dropped his “clickbait defamation” lawsuit against the New York Times after the newspaper changed part of…

ABA urges top state court to consider death penalty policy, constitutional challenges in drug records case
The ABA filed an amicus brief with the Idaho Supreme Court on Friday that urges justices to consider the association’s position on issues related to public records about the lethal injection drugs used in death penalty cases.
Oklahoma will resume executions after 5-year moratorium
Oklahoma plans to resume lethal injections following a five-year moratorium spurred by botched executions.
Afternoon Briefs: Some of Justice Scalia’s papers are now public; House lifts ERA deadline

Some of Justice Scalia’s papers are now publicly available

The legal and academic papers of the late U.S. Supreme Court Justice Antonin Scalia are now available for public viewing, at…

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