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The U.S. Constitution’s Eighth Amendment: Bail, Fines, and Punishments

The U.S. Constitution’s Eighth Amendment: Bail, Fines, and Punishments

Author: Charlie Eastaugh
Publisher: Routledge
ISBN: 9780367026011
Published In: December 2024
Format: Paperback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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