Book contents
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- Part III The Future of the Eighth Amendment
- 12 Judicial Abolition of the American Death Penalty under the Eighth Amendment: The Most Likely Path
- 13 Back to the Future with Execution Methods
- 14 Evolving Standards of Lethal Injection
- 15 The Future of Juvenile Life-Without-Parole Sentences
- 16 Metrics of Mayhem
- 17 Race Discrimination in Punishment
- 18 Science and the Eighth Amendment
- Index
17 - Race Discrimination in Punishment
from Part III - The Future of the Eighth Amendment
Published online by Cambridge University Press: 03 June 2020
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- Part III The Future of the Eighth Amendment
- 12 Judicial Abolition of the American Death Penalty under the Eighth Amendment: The Most Likely Path
- 13 Back to the Future with Execution Methods
- 14 Evolving Standards of Lethal Injection
- 15 The Future of Juvenile Life-Without-Parole Sentences
- 16 Metrics of Mayhem
- 17 Race Discrimination in Punishment
- 18 Science and the Eighth Amendment
- Index
Summary
Unlike some other constitutional amendments, the Eighth Amendment was not drafted expressly to address concerns about race. So, early cases interpreting the Amendment did not consider concerns about racial disparities. The Amendment bars “excessive fines” and bans “cruel and unusual punishments,” so unlike the Equal Protection Clause of the Fourteenth Amendment, its plain language seemingly does not allow for concerns about whether the punishment is distributed equally.
- Type
- Chapter
- Information
- The Eighth Amendment and Its Future in a New Age of Punishment , pp. 283 - 298Publisher: Cambridge University PressPrint publication year: 2020