#EighthAmendment

Jewel Lightfoot

Oct 18, 2019
5 min

The Modern Brazen Bull: The Eighth Amendment and Air Conditioning in American Prisons

On July 19, 2018 inmate Robert Robinson died from environmental hyperthermia, essentially receiving a death sentence for burglary. Mr. Robinson’s incident was not unique, it was one of 56 heat related illnesses suffered by Texas prisoners in 2018. This is not a new issue. In 2014, 900 Texas inmates filed a class action lawsuit in which the Texas Department of Criminal Justice settled, agreeing to provide air-conditioning in the housing units to maintain heat indices at or

Sasha Brisbon

Feb 25, 2019
3 min

Time or Treatment?

Mentally ill offenders possess a unique set of circumstances and needs. However, all too often, the cycle through the criminal justice system without appropriate care to address their mental health. According to the Bureau of Justice Statistics, individuals with mental health needs make up a large proportion of the United States correctional population. An estimated 56 percent of state prisoners, 45 percent of federal prisoners, and 64 percent of jail inmates have a mental he

Supreme Court hears case with potential impact on civil forfeiture laws across the country

Antonio Julio Nunes

Dec 7, 2018
3 min

Supreme Court hears case with potential impact on civil forfeiture laws across the country

The Supreme Court heard oral arguments last week in the case of Timbs v. Indiana, which poses the question of whether the Excessive Fines Clause of the Eighth Amendment is incorporated to the states through the Fourteenth Amendment. While the legal issue in this case has been framed as one concerning the constitutional doctrine of incorporation, observers have instead commented on the impact that this case could potentially have on civil forfeiture laws across the country. In

Spencer Griffin

Nov 14, 2018
3 min

Forgiveness for Those Who Forget

The Eighth Amendment reads, “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This seemingly straightforward sentence is being reexamined by the Supreme Court in Madison v. Alabama. The Court is tasked with deciding if the prohibition against “cruel and unusual punishments” includes executing a man who cannot remember committing the crime. The State of Alabama is attempting to execute Vernon Madison, a sixty-seve

Death by Blood Asphyxiation, Felon-enhanced Sentences for “Slight Resistance”, and more SCOTUS Cases

Stephanie Lauria

Oct 15, 2018
4 min

Death by Blood Asphyxiation, Felon-enhanced Sentences for “Slight Resistance”, and more SCOTUS Cases

As the fall semester begins for students, October brings the beginning of another Supreme Court session. The Supreme Court has original—the first and only court to hear the case—and appellate jurisdiction—authority to review decisions of lower courts—in regard to hearing cases. Appellate jurisdiction is specifically extended to those who petition the Supreme Court to hear their case; jurisdiction is granted to those who file Writs of Certiorari and to which four Justices vo

Evolving Standards of Decency: Will Kavanaugh Transform the Death Penalty the way Kennedy did?

Lisa Sendrow

Sep 10, 2018
4 min

Evolving Standards of Decency: Will Kavanaugh Transform the Death Penalty the way Kennedy did?

Justice Anthony Kennedy retired from the Supreme Court on July 31, 2018. He was often the swing vote of many of the most ideological decisions, including issues regarding criminal justice and the death penalty. If President Trump’s rhetoric provides any indication, then his nominee Brett Kavanaugh may reject any challenges to capital punishment. Kennedy was often the key vote in slowly limiting death penalty practices. But if Kavanaugh is appointed, will those practices resur

Get Out of Jail Free Cards: Overhauling the Bail System

Emily Blazak

Mar 13, 2018
4 min

Get Out of Jail Free Cards: Overhauling the Bail System

The Eighth Amendment of the United States Constitution reads “excessive bails shall not be required, nor excessive fines imposed.” But does the definition of “excessive” change depending on an individual’s income? If not, what happens when an individual cannot afford the bail set by the court? Despite being innocent in the law’s eye, that person can face weeks or months in jail awaiting court proceedings simply because he could not afford bail. According to the most recent Bu

Jenna Holmes

Apr 16, 2017
6 min

Maryland Bail Reform Up in the Air

In February 2017 Maryland’s highest court unanimously approved Rule 4-216.1. This rule provides guidance to judges regarding pre-trial release of arrested individuals. The aim of this rule is to end the practice of holding individuals awaiting trial in jail simply because they cannot afford bail. Yet, likely due to the bail bondsmen’s large lobbying presence, Maryland’s Senate passed a bill on March 22, 2017 to stifle the key parts of the Court of Appeals’ rule change. The Co

Joshua Couce

Mar 21, 2017
5 min

Does Bail Reform Work as Intended?

The State of New Jersey has become a leader in criminal justice reform, from Drug Court to Pre-Trial Intervention. One of the many recent and controversial changes New Jersey has made is with Bail Reform. New Jersey’s Bail System is moving away from a monetary system, towards a risk-based system that is more objective and fairer to defendants. While other places such as Washington, D.C. and the federal government have reformed bail, and while others have unsuccessfully tried,

Choosing Capital Punishment: 2016 Referendums and the Death Penalty

Chelsea Jacobi

Nov 26, 2016
4 min

Choosing Capital Punishment: 2016 Referendums and the Death Penalty

As of July 1, 2016, there are 2,905 Americans on death row. Almost one-third of those inmates live in one of these three states: California, Oklahoma, and Nebraska, which featured ballot referendums concerning capital punishment in this past election held November 8, 2016. Approximately 66% of Oklahomans voted to enshrine capital punishment in the Oklahoma Constitution. Meanwhile, 61% of Nebraskans voted to reinstate capital punishment after previously abolishing it in 2015.

KNOWLEDGE • PRACTICE • JUSTICE

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