Publication Date
1-2009
Journal
Fordham Urban Law Journal
Abstract
The article explores the potential benefits of integrating proportionality theory, traditionally used in sentencing, into litigation challenging harsh prison conditions under the Eighth Amendment. It argues that this approach could offer new avenues for addressing the limitations of current conditions of confinement jurisprudence by reimagining how courts evaluate the constitutionality of prison conditions.
Volume
36
Issue
1
First Page
53
Last Page
88
Publisher
Fordham University School of Law
Disciplines
Animal Law | Constitutional Law | Criminal Law | Criminal Procedure | Law | Law Enforcement and Corrections
Recommended Citation
Alexander A. Reinert,
Eighth Amendment Gaps: Can Conditions of Confinement Litigation Benefit from Proportionality Theory,
36
Fordham Urb. L.J.
53
(2009).
https://larc.cardozo.yu.edu/faculty-articles/720
Included in
Animal Law Commons, Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Law Enforcement and Corrections Commons
