Past, prologue, and constitutional limits on criminal penalties

• Hawilo ^[2] ; Nirider ^[1]
  1. [1] Northwestern University

     Northwestern University

     Township of Evanston, Estados Unidos

     
  2. [2] Loyola University Chicago
• Localización: The journal of criminal law and criminology, ISSN 0091-4169, Vol. 1, Nº. 1, 2024, págs. 51-104
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • Most criminal prosecutions occur at a level that is both neglected by many legal scholars and central to the lives of most people entangled in the criminal legal system: the level of the state. State v. Citizen prosecutions, which encompass most crimes ranging from robbery to homicide, are governed both by the federal constitution and by the constitution of the prosecuting state.

    This is no less true for sentences than for prosecutions. When it comes to sentences, state courts are bound by the Eighth Amendment to the United States Constitution, which famously proclaims that no American shall be subjected to “cruel and unusual punishment.” But state constitutions may go further than the federal constitution. States may adopt constitutional provisions analogous to the Eighth Amendment that establish even more effective guards against unreasonable or vindictive punishments