Overview

The U.S. Constitution’s Eighth Amendment: Bail, Fines, and Punishments is an in-depth exploration of the Eighth Amendment's pivotal role in American jurisprudence. This comprehensive case-book is the very first of its kind, dedicated entirely to the Eighth Amendment, with every relevant Supreme Court precedent included to 2025. The book delves into the intricacies of bail, fines, and punishments litigation, featuring key excerpts from landmark Supreme Court cases which have defined the Amendment over the past 200 years. This work examines the historical context and evolving interpretations of the Amendment, starting with its origin in English Law and highlighting the impact of Supreme Court jurisprudence on the wider justice system. Through detailed analysis of major cases and carefully edited opinions, the book reveals how the Eighth Amendment shapes debates on relevant issues, providing unique insights into cases and addressing contemporary issues like mental health, confinement conditions, the vanishing applicability of the death penalty, and the importance of individualization in sentencing and punishment. Ideal for legal scholars, practitioners, and anyone interested in constitutional law, this is a vital resource for understanding one of the Constitution's most essential protections.

Full Product Details

Author:   Charlie Eastaugh
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
ISBN:  

9780367026011

ISBN 10:   0367026015
Pages:   328
Publication Date:   19 December 2024
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Forthcoming
Availability:   Not yet available  
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Table of Contents

Introduction Chapter 1. Framing and early history The Eighth Amendment’s English and common law roots Punishments context The Eighth Amendment in the early United States The Eighth lands on the Supreme Court’s docket Chapter 2. Interpretation and incorporation Constitutional history and the backdrop of incorporation The era of incorporation Interpreting the Eighth Amendment The beginning of a departure from evolutive decision-making? Chapter 3. Excessive Bail Incorporation of the Bail Clause Bail before the Court Chapter 4. Fines History of the Fines Clause 1980s and 1990s review Due process claims Incorporating the Fines Clause Chapter 5. The death penalty, from Furman to Gregg and beyond Furman reaches the Court The machinery of death, rebooted Gregg’s legacy Chapter 6. Limits on capital categories: classes of offence Non-homicidal rape Felony murder Non-homicidal child rape Chapter 7. Limits on capital offenders Youth in capital sentencing Intellectually disabled offenders Chapter 8. Execution protocols Early death penalty methods The lethal injection 21st Century innovation Chapter 9. Equal application and racial bias Chapter 10. Non-capital proscriptions Life imprisonment and proportionality Revisiting proportionality Juveniles and non-capital proportionality Chapter 11. Confinement conditions and inmate rights Extending punishments adjudication to prison health and safety Confinement conditions at the turn of the century: caveating the limitations Mass incarceration on trial Unconstitutional solitude? Conclusion

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Author Information

Charlie Eastaugh holds a First Class Honours degree (LLB) in English Law and a Ph.D. in U.S. Constitutional Law. His first book, Unconstitutional Solitude, focusing on the legality of long-term solitary confinement was published in 2016.

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