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May 31, 2017

"Random If Not 'Rare'? The Eighth Amendment Weakness of Post-Miller Legislation"

The title of this post is the title of this new paper authored by Kimberly Thomas and available via SSRN. Here is the abstract:

First, this Article surveys the U.S. Supreme Court’s decision to analogize life without parole for juveniles to the death penalty for adults, and discusses the Eighth Amendment law regarding the parameters around death penalty statutory schemes.  Second, this Article examines the state legislative response to Miller v. Alabama, and scrutinizes it with the Court’s Eighth Amendment death penalty law — and the states’ responses to this case law — in mind.  This Article highlights the failure of juvenile homicide sentencing provisions to: 1) narrow offenses that are eligible for life without parole sentences; 2) further limit, once a guilty finding is made, the categories of offenders to the most likely to have demonstrated “irreparable corruption,”; and 3) provide for meaningful appellate review, among other deficiencies. 

May 31, 2017 at 05:38 PM | Permalink



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Posted by: Me François-Xavier T. Doyon | May 31, 2017 9:04:31 PM

States may ignore all Supreme Court decisions. They are lawless, and merely advisory. They represent the feelings of pro-criminal, Ivy indoctrinated lawyer self dealing dirtbags. They have zero validity morally, legally, or in policy.

If the DOJ sends marshals to try to enforce any, taser them. Expel them from the state.

Posted by: David Behar | May 31, 2017 10:02:52 PM

The States are the father. The federal government is the child. The states birthed and own the federal government. They should end their horrible elder abuse by the little brat.

Posted by: David Behar | May 31, 2017 10:04:04 PM

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