The Failed Case for Eighth Amendment Regulation of the Capital-Sentencing Trial

The role of the Supreme Court in regulating capital sentencing under the Eighth Amendment is rejected on prudential grounds. The Eighth Amendment speaks to the question of who can receive the death penalty and does so in terms that should guide the capital sentencer.

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Bibliographic Details
Published inUniversity of Pennsylvania law review Vol. 146; no. 3; pp. 795 - 863
Main Author Howe, Scott W.
Format Journal Article
LanguageEnglish
Published Philadelphia University of Pennsylvania Law School 01.03.1998
Subjects
Capital Punishment
Constitutional Law
Criminal culpability
Criminal sentencing
Criminals
Defendants
Eighth Amendment
Juries
Regulation
Sentenced offenders
Statutory law
Supreme Court decisions
Trials
United States
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Summary:The role of the Supreme Court in regulating capital sentencing under the Eighth Amendment is rejected on prudential grounds. The Eighth Amendment speaks to the question of who can receive the death penalty and does so in terms that should guide the capital sentencer.
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ISSN:0041-9907
1942-8537
DOI:10.2307/3312610