Posts tagged eighth amendment
Locked Away for Life: Juvenile Life Without Parole in the American Criminal Justice System

While the Miller and Montgomery rulings have put the state of juvenile life without parole sentences under heavy scrutiny, their effects have not been uniform across the country. Although states such as Iowa and Kansas have deemed life without parole sentences as unconstitutional and have even limited mandatory minimum sentences for juveniles, twenty-nine states have maintained their rights to these inhumane sentences. I

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Mitigation, Time, and the Immorality of Death

The death penalty is a widely contested form of punishment plaguing legal theorists, juries, and society as a whole today. Current death penalty jurisprudence in the United States, which developed as a reaction to the brief abolition of the death penalty following Furman v. Georgia in 1972, has created an arbitrary and immoral system that relies upon a balance between aggravating and mitigating factors. An aggravating factor is “any fact or circumstance that increases the severity or culpability of a criminal act,” [1] and a mitigating factor is “any fact or circumstance that lessens the severity or culpability of a criminal act.”

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