Tag: Eighth Amendment

The U.S. Supreme Court recently agreed to consider City of Grants Pass, Oregon v. Johnson, which will have a significant impact on U.S. cities seeking to address the ongoing homeless crisis. The key issue before the Court is whether penalizing home...

The U.S. Supreme Court’s criminal law docket for the October 2019 Term addresses some significant constitutional issues. In Kahler v. Kansas, the justices will consider whether the Eighth and Fourteenth Amendments to the Constitution allow a state...

In Bucklew v Precythe, 587 U.S. ____ (2019), a divided U.S. Supreme Court rejected a death row inmate’s Eighth Amendment challenge. By a vote of 5-4, the Court held that executing Russell Bucklew by lethal injection would not violate the ban on cr...

In Madison v Alabama, 586 U. S. ____ (2019), the U.S. Supreme Court held that the Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime. However, it may prohibit executing a prisoner even though he suffers ...

The U.S. Supreme Court heard oral arguments in five cases this week, one of which has the potential to be a blockbuster. The issue before the Court in Timbs v. Indiana is whether the Eighth Amendment ban on “excessive fines” applies to the states...

The U.S. Supreme Court heard oral arguments in six cases this week. The issues before the justices were extremely varied, ranging from whether hovercrafts should be allowed on Alaska conservation land to whether adefendant’s medical condition make...

In Moore v Texas, 581 U. S. ____ (2017), the U.S. Supreme Court held that the standard used by the State of Texas to determine whether a mentally disabled defendant can be subjected to the death penalty violated the Constitution. By a vote of 5-3, th...

The U.S. Supreme Court will return from its summer recess at the end of the month. The justices have already agreed to consider a number of significant criminal law cases over 2016-2017 Term. This post offers a brief preview.   Bravo-Fer...

The U.S. Supreme Court returns from recess on February 22, 2016 without Justice Antonin Scalia. Below is a brief summary of the Supreme Court’s Case Docket that the Eight justices will consider this month.   Kingdomware Technologies, In...

In Kansas v. Carr, 577 U. S. ____ (2016), the U.S. Supreme Court addressed the constitutionality of jury instructions used in two Kansas capital murder cases. The justices ruled that the Eighth Amendment does not mandate that courts instruct ...