Abstract

The objective of this article is to examine this issue by formulating an analytical framework for determining when methods of execution constitute cruel and unusual punishment. This task is accomplished Part II by briefly tracing the historical evolution of the Eighth Amendment's Cruel and Unusual Punishments Clause. Part III examines the prohibition's core components. Part IV reviews the traditional and modem interpretations of cruel and unusual punishment as applied to the methods of capital punishment, and assesses the standard with which to determine whether a specific method of execution comports with the present interpretation of cruel and unusual punishment as it is used in the context of capital punishment. The crux of this article explores and develops the qualitative, or subjective, facet of the Cruel and Unusual Punishments Clause, concluding that such a standard offers the best test for determining whether a method of execution is constitutional.

Document Type

Article

Publication Date

Fall 1996

Notes/Citation Information

Boston University Public Interest Law Journal, Vol. 6, No. 1 (Fall 1996), pp. 153-178

Included in

Criminal Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.