The recent Supreme Court case, Moore v. Texas, illustrates how constitutional rights may be influenced by scientific and technological advancements. Other legal areas, such as the use of polygraphs, capital punishment, and forensics, also reveal the complicated framework between science and civil rights.
Can we square the invocation of evolving standards of decency with the recognized fact that the criminal justice system in the United States is, in general, far more punitive than it once was? I think that we can, if we allow for a fuller recognition
In Miller v. Alabama, the Supreme Court voted 5-4 that the Eighth Amendment prohibits a sentencing scheme that mandates life in prison without parole for juvenile homicide offenders. Despite Justice Kagan’s protestations, the Court was not eliminating an outlying vestige of once common, brutal punishment,
Last month, a federal court in Michigan had the opportunity to confront the constitutional problems that sex offender registries present. The court ducked them by resolving the case on a narrow question of statutory interpretation, missing the chance to examine whether the registrations are constitutionally
Since the Supreme Court's decision in Carlson v. Green, inmates have been able to sue individual prison officials for violating their Eighth Amendment rights. A recent trend in federal prisons is threatening to destroy this cause of action for prisoners. Now it is up to