113 relations: Adamson v. California, Antonin Scalia, Arguendo, Atkins v. Virginia, Baze v. Rees, Bill of Rights 1689, Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc., Cadena temporal, Capital punishment in the United States, Cesare Beccaria, Coker v. Georgia, Commentaries on the Laws of England, Competence (law), Crimes against humanity, Cruel and unusual punishment, Death by burning, Developmental disability, Disembowelment, Dissection, Due Process Clause, E. W. Scripps Company, Earl Warren, Estelle v. Gamble, Excessive Bail Clause, Farmer v. Brennan, Federal government of the United States, Furman v. Georgia, George Mason, Georgetown Law Journal, Glossip v. Gross, Godfrey v. Georgia, Graham v. Florida, Gregg v. Georgia, Habeas Corpus Act 1679, Hanged, drawn and quartered, Harmelin v. Michigan, Herrera v. Collins, Hugo Black, Human rights in the United States, Incorporation of the Bill of Rights, Infectious diseases within American prisons, Ingraham v. Wright, Jackson v. Bishop, James II of England, James Madison, John Bessler, John Bingham, John Roberts, Joseph Chitty, Judicial review, ..., Jurisprudence, Kennedy v. Louisiana, Lethal injection, LexisNexis, Life imprisonment, List of Parliaments of England, Lockyer v. Andrade, Louisiana ex rel. Francis v. Resweber, Mary II of England, Maynard v. Cartwright, Michelle Kosilek, Midazolam, Miller v. Alabama, Minor (law), Narcotic, Originalism, Parliament of England, Patrick Henry, Perjury, Petition of Right, Pillory, Police power (United States constitutional law), Potter Stewart, Powell v. Texas, Public intoxication, Queen's Bench, Richard Epstein, Ring v. Arizona, Robinson v. California, Roper v. Simmons, Rummel v. Estelle, SCOTUSblog, Sheriff, Solem v. Helm, Stack v. Boyle, State Farm Mutual Automobile Insurance Co. v. Campbell, Substance use disorder, Supreme Court of the United States, The National Law Journal, The New York Times, Thomas Jefferson, Thompson v. Oklahoma, Three-strikes law, Titus Oates, Torture, Trop v. Dulles, United States Bill of Rights, United States Constitution, United States constitutional criminal procedure, United States Court of Appeals for the Eighth Circuit, United States Government Publishing Office, United States v. Bajakajian, United States v. Salerno, Virginia Declaration of Rights, Virginia Ratifying Convention, Walton v. Arizona, Weems v. United States, Wilkerson v. Utah, William Blackstone, William III of England, William J. Brennan Jr., William O. Douglas, William Rehnquist. Expand index (63 more) » « Shrink index
Adamson v. California, 332 U.S. 46 (1947), was a United States Supreme Court case regarding the incorporation of the Fifth Amendment of the Bill of Rights.
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016.
Arguendo is a Latin legal term meaning for the sake of argument.
Atkins v. Virginia,, is a case in which the Supreme Court of the United States ruled 6-3 that executing people with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments, but states can define who has intellectual disability.
Baze v. Rees,, is a decision by the United States Supreme Court, which upheld the constitutionality of a particular method of lethal injection used for capital punishment.
The Bill of Rights, also known as the English Bill of Rights, is an Act of the Parliament of England that deals with constitutional matters and sets out certain basic civil rights.
Browning-Ferris Industries v. Kelco Disposal, 492 U.S. 257 (1989), was a case in which the Supreme Court of the United States held that the Eighth Amendment's prohibition of unreasonable fines does not apply to punitive-damage awards in civil cases when the United States is not a party.
Cadena temporal and cadena perpetua were legal punishments.
Capital punishment is a legal penalty in the United States, currently used by 31 states, the federal government, and the military.
Cesare Bonesana-Beccaria, Marquis of Gualdrasco and Villareggio (15 March 173828 November 1794) was an Italian criminologist, jurist, philosopher, and politician, who is widely considered as the most talented jurist and one of the greatest thinkers of the Age of Enlightenment.
Coker v. Georgia, 433 U.S. 584 (1977), held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the United States Constitution.
The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1769.
In United States law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts.
Crimes against humanity are certain acts that are deliberately committed as part of a widespread or systematic attack or individual attack directed against any civilian or an identifiable part of a civilian population.
Cruel and unusual punishment is a phrase describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to it.
Deliberately causing death through the effects of combustion, or effects of exposure to extreme heat, has a long history as a form of capital punishment.
Developmental disability is a diverse group of chronic conditions that are due to mental or physical impairments that arise before adulthood.
Disembowelment or evisceration is the removal of some or all of the organs of the gastrointestinal tract (the bowels, or viscera), usually through a horizontal incision made across the abdominal area.
Dissection (from Latin dissecare "to cut to pieces"; also called anatomization) is the dismembering of the body of a deceased animal or plant to study its anatomical structure.
The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause.
The E. W. Scripps Company is an American broadcasting company founded in 1878 as a chain of daily newspapers by Edward Willis "E. W." Scripps.
Earl Warren (March 19, 1891 – July 9, 1974) was an American jurist and politician who served as the 30th Governor of California (1943–1953) and later the 14th Chief Justice of the United States (1953–1969).
Estelle v. Gamble,, was a case in which the Supreme Court of the United States established the standard of what a prisoner must plead in order to claim a violation of Eighth Amendment rights under 42 U.S.C. § 1983.
The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention.
Farmer v. Brennan, 511 U.S. 825 (1994), was a case in which the Supreme Court of the United States ruled that a prison official's "deliberate indifference" to a substantial risk of serious harm to an inmate violates the cruel and unusual punishment clause of the Eighth Amendment.
The federal government of the United States (U.S. federal government) is the national government of the United States, a constitutional republic in North America, composed of 50 states, one district, Washington, D.C. (the nation's capital), and several territories.
Furman v. Georgia, was a criminal case in which the United States Supreme Court struck down all death penalty schemes in the United States in a 5–4 decision, with each member of the majority writing a separate opinion.
George Mason (sometimes referred to as George Mason IV; October 7, 1792) was a Virginia planter, politician and delegate to the U.S. Constitutional Convention of 1787, one of three delegates, together with fellow Virginian Edmund Randolph and Elbridge Gerry of Massachusetts, who refused to sign the Constitution.
The Georgetown Law Journal is a student-edited scholarly journal published at Georgetown University Law Center.
Glossip v. Gross, was a United States Supreme Court case in which the Court held, 5–4, that lethal injections using midazolam do not constitute cruel and unusual punishment under the Eighth Amendment to the United States Constitution.
Godfrey v. Georgia,, was a United States Supreme Court case in which the Court held that a death sentence could not be granted for a murder when the only aggravating factor was that the murder was found to be "outrageously or wantonly vile." The Court reversed and remanded the Georgia death penalty sentence because, under Furman v. Georgia, such a factor did not help sentencing judges or juries avoid arbitrary and capricious infliction of the death penalty.
Graham v. Florida,, was a decision by the Supreme Court of the United States holding that juvenile offenders cannot be sentenced to life imprisonment without parole for non-homicide offenses.
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana,, reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg.
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2 c. 2) during the reign of King Charles II.
To be hanged, drawn and quartered was from 1352 a statutory penalty in England for men convicted of high treason, although the ritual was first recorded during the reign of King Henry III (1216–1272).
Harmelin v. Michigan, 501 U.S. 957 (1991), was a case decided by the Supreme Court of the United States under the Eighth Amendment to the United States Constitution.
Herrera v. Collins, 506 U.S. 390 (1993), is a case in which the Supreme Court of the United States ruled by 6 votes to 3 that a claim of actual innocence does not entitle a petitioner to federal habeas corpus relief by way of the Eighth Amendment's ban on cruel and unusual punishment.
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American politician and jurist who served in the United States Senate from 1927 to 1937, and as an Associate Justice of the Supreme Court of the United States from 1937 to 1971.
Human rights in the United States comprise and very focused of a series of rights which are legally protected by the Constitution of the United States, including the amendments, state constitutions, conferred by treaty and customary international law, and enacted legislatively through Congress, state legislatures, and state referenda and citizen's initiatives.
Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.
Infectious diseases within American correctional settings are a concern within the public health sector.
Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968) was a case decided in 1968 on the Eighth Circuit Court of Appeals of the United States by then-judge Harry Blackmun.
James II and VII (14 October 1633O.S. – 16 September 1701An assertion found in many sources that James II died 6 September 1701 (17 September 1701 New Style) may result from a miscalculation done by an author of anonymous "An Exact Account of the Sickness and Death of the Late King James II, as also of the Proceedings at St. Germains thereupon, 1701, in a letter from an English gentleman in France to his friend in London" (Somers Tracts, ed. 1809–1815, XI, pp. 339–342). The account reads: "And on Friday the 17th instant, about three in the afternoon, the king died, the day he always fasted in memory of our blessed Saviour's passion, the day he ever desired to die on, and the ninth hour, according to the Jewish account, when our Saviour was crucified." As 17 September 1701 New Style falls on a Saturday and the author insists that James died on Friday, "the day he ever desired to die on", an inevitable conclusion is that the author miscalculated the date, which later made it to various reference works. See "English Historical Documents 1660–1714", ed. by Andrew Browning (London and New York: Routledge, 2001), 136–138.) was King of England and Ireland as James II and King of Scotland as James VII, from 6 February 1685 until he was deposed in the Glorious Revolution of 1688.
James Madison Jr. (March 16, 1751 – June 28, 1836) was an American statesman and Founding Father who served as the fourth President of the United States from 1809 to 1817.
John D. Bessler (born October 23, 1967) is a professor of law at the University of Baltimore School of Law and an adjunct professor at the Georgetown University Law Center.
John Armor Bingham (January 21, 1815 – March 19, 1900) was an American Republican Representative from Ohio, an assistant to Judge Advocate General in the trial of the Abraham Lincoln assassination, and a prosecutor in the impeachment trials of Andrew Johnson.
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer who serves as the 17th and current Chief Justice of the United States.
Joseph Chitty (12 March 1775 – 17 February 1841) was an English lawyer and legal writer, author of some of the earliest practitioners' texts and founder of an important dynasty of lawyers.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.
Jurisprudence or legal theory is the theoretical study of law, principally by philosophers but, from the twentieth century, also by social scientists.
Kennedy v. Louisiana,, is a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits imposing the death penalty for the rape of a child in cases where the victim did not die and death was not intended.
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing immediate death.
LexisNexis Group is a corporation providing computer-assisted legal research as well as business research and risk management services.
Life imprisonment (also known as imprisonment for life, life in prison, a life sentence, a life term, lifelong incarceration, life incarceration or simply life) is any sentence of imprisonment for a crime under which convicted persons are to remain in prison either for the rest of their natural life or until paroled.
This is a list of Parliaments of England from the reign of King Henry III (when the Curia Regis developed into a body known as Parliament) until the creation of the Parliament of Great Britain in 1707.
Lockyer v. Andrade,, decided the same day as Ewing v. California (a case with a similar subject matter), held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
Louisiana ex rel.
Mary II (30 April 1662 – 28 December 1694) was Queen of England, Scotland, and Ireland, co-reigning with her husband and first cousin, King William III and II, from 1689 until her death; popular histories usually refer to their joint reign as that of William and Mary.
Maynard v. Cartwright, 486 U.S. 356 (1988), is a United States Supreme Court case in which a unanimous Court found that the "especially heinous, atrocious or cruel" standard for the application of the death penalty as defined by the Eighth Amendment was too vague.
Michelle Lynne Kosilek (born Robert Kosilek, April 10, 1949) is a convicted murderer and who is best known for the controversy surrounding her attempts to obtain vaginoplasty for her gender dysphoria while in prison.
Midazolam, marketed under the trade name Versed, among others, is a medication used for anesthesia, procedural sedation, trouble sleeping, and severe agitation.
Miller v. Alabama,, was a United States Supreme Court case in which the Court held that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders.
In law, a minor is a person under a certain age, usually the age of majority, which legally demarcates childhood from adulthood.
The term narcotic (from ancient Greek ναρκῶ narkō, "to make numb") originally referred medically to any psychoactive compound with sleep-inducing properties.
In the context of United States constitutional interpretation, originalism is a way to interpret the Constitution's meaning as stable from the time of enactment, which can be changed only by the steps set out in Article Five.
The Parliament of England was the legislature of the Kingdom of England, existing from the early 13th century until 1707, when it became the Parliament of Great Britain after the political union of England and Scotland created the Kingdom of Great Britain.
Patrick Henry (May 29, 1736June 6, 1799) was an American attorney, planter, and orator well known for his declaration to the Second Virginia Convention (1775): "Give me liberty, or give me death!" A Founding Father, he served as the first and sixth post-colonial Governor of Virginia, from 1776 to 1779 and from 1784 to 1786.
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters a generation material to an official proceeding.
The Petition of Right is a major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing.
The pillory was a device made of a wooden or metal framework erected on a post, with holes for securing the head and hands, formerly used for punishment by public humiliation and often further physical abuse.
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants.
Potter Stewart (January 23, 1915December 7, 1985) was an Associate Justice of the United States Supreme Court, serving from 1958 to 1981.
Powell v. Texas,, was a United States Supreme Court case which ruled that a Texas statute criminalizing public intoxication did not violate the Eighth Amendment protection against cruel and unusual punishment.
Public intoxication, also known as "drunk and disorderly" and drunk in public, is a summary offense in some countries rated to public cases or displays of drunkenness.
The Queen's Bench (or, during the reign of a male monarch, the King's Bench, Cour du banc du Roi) is the superior court in a number of jurisdictions within some of the Commonwealth realms.
Richard Allen Epstein (born April 17, 1943) is an American legal scholar best known for his writings and studies on classical liberalism, libertarianism, torts, contracts, and a wide variety of topics in law and economics.
Ring v. Arizona,, was a case in which the United States Supreme Court applied the rule of Apprendi v. New Jersey,, to capital sentencing schemes, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty.
Robinson v. California,, is the first decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime.
Roper v. Simmons, 543 U.S. 551 (2005), was a landmark decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18.
Rummel v. Estelle,, (sometimes erroneously cited as Rummel v. Estell) was a United States Supreme Court case in which the Court upheld a life sentence with the possibility of parole under Texas' three strikes law for a felony fraud crime, where the offense and the defendant's two prior offenses involved approximately $230 of fraudulent activity.
SCOTUSblog is a law blog written by lawyers, law professors, and law students about the Supreme Court of the United States (sometimes abbreviated "SCOTUS").
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England, where the office originated.
Solem v. Helm,, was a United States Supreme Court case concerned with the scope of the Eighth Amendment protection from cruel and unusual punishment.
Stack v. Boyle, 342 U.S. 1 (1951), was a United States Supreme Court case involving the arrest of members of the Communist Party who were charged with conspiring to violate the Smith Act.
State Farm Mutual Automobile Insurance Co.
A substance use disorder (SUD), also known as a drug use disorder, is a condition in which the use of one or more substances leads to a clinically significant impairment or distress.
The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.
The National Law Journal, a U.S. periodical founded in 1978 by Jerry Finkelstein, as a "sibling newspaper" of the New York Law Journal, that itself was founded in 1888.
The New York Times (sometimes abbreviated as The NYT or The Times) is an American newspaper based in New York City with worldwide influence and readership.
Thomas Jefferson (April 13, [O.S. April 2] 1743 – July 4, 1826) was an American Founding Father who was the principal author of the Declaration of Independence and later served as the third president of the United States from 1801 to 1809.
Thompson v. Oklahoma, 487 U.S. 815 (1988), was the first case since the moratorium on capital punishment was lifted in the United States in which the U.S. Supreme Court overturned the death sentence of a minor on grounds of "cruel and unusual punishment." The holding in Thompson was expanded on by Roper v. Simmons (2005), where the Supreme Court extended the "evolving standards" rationale to those under 18 years old.
In the United States, habitual offender laws (commonly referred to as three-strikes laws) were first implemented on March 7, 1994 and are part of the United States Justice Department's Anti-Violence Strategy.
Titus Oates (15 September 1649 – 12/13 July 1705), also called Titus the Liar, was an English perjurer who fabricated the "Popish Plot", a supposed Catholic conspiracy to kill King Charles II.
Torture (from the Latin tortus, "twisted") is the act of deliberately inflicting physical or psychological pain in order to fulfill some desire of the torturer or compel some action from the victim.
Trop v. Dulles,, was a United States Supreme Court case in which the Court ruled that it was unconstitutional to revoke citizenship as a punishment for a crime.
The Bill of Rights is the first ten amendments to the United States Constitution.
The United States Constitution is the supreme law of the United States.
The United States Constitution contains several provisions regarding the law of criminal procedure.
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts.
The United States Government Publishing Office (GPO) (formerly the Government Printing Office) is an agency of the legislative branch of the United States federal government.
United States v. Bajakajian, 524 U.S. 321 (1998), is a U.S. Supreme Court case holding that asset forfeiture is unconstitutional when it is "grossly disproportional to the gravity of the defendant’s offense", citing the Excessive Fines clause of the Eighth Amendment.
United States v. Salerno,, was a United States Supreme Court decision.
The Virginia Declaration of Rights is a document drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government.
The Virginia Ratifying Convention (also historically referred to as the "Virginia Federal Convention") was a convention of 168 delegates from Virginia who met in 1788 to ratify or reject the United States Constitution, which had been drafted at the Philadelphia Convention the previous year.
Walton v. Arizona, 497 U.S. 639 (1990), was a United States Supreme Court case that upheld two important aspects of the capital sentencing scheme in Arizona — judicial sentencing and the aggravating factor "especially heinous, cruel, or depraved" — as not unconstitutionally vague.
Weems v. United States,, was a decision of the United States Supreme Court.
Wilkerson v. Utah, 99 U.S. 130 (1879),.
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century.
William III (Willem; 4 November 1650 – 8 March 1702), also widely known as William of Orange, was sovereign Prince of Orange from birth, Stadtholder of Holland, Zeeland, Utrecht, Gelderland and Overijssel in the Dutch Republic from 1672 and King of England, Ireland and Scotland from 1689 until his death in 1702.
William Joseph Brennan Jr. (April 25, 1906 – July 24, 1997) was an American judge who served as an Associate Justice of the United States Supreme Court from 1956 to 1990.
William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist and politician who served as an Associate Justice of the Supreme Court of the United States.
William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer and jurist who served on the Supreme Court of the United States for 33 years, first as an Associate Justice from 1972 to 1986, and then as the 16th Chief Justice of the United States from 1986 until his death in 2005.
8th Amendment to the US Constitution, 8th Amendment to the United States Constitution, 8th amendment to the U.S. Constitution, Eighth Amendment to the U.S. Constitution, Eighth Amendment's Cruel and Unusual Punishment Clause, Eighth Amendment's Cruel and Unusual Punishments Clause, Eighth amendment to the united states constitution, Excessive Fines Clause, Excessive fines, U.S. eighth amendment, United States Constitution/Amendment Eight.