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1 Ben Finholt & Kevin Bendesky, The Neglected State Constitutional Protections against Extreme Punishments: Two New Law Review Articles Explore the Origins of Antipunishment Clauses in Pennsylvania and North Carolina 1 (2023)

handle is hein.statecon/negstacon0001 and id is 1 raw text is: The Neglected State Constitutional Protections Against Extreme Punishments I State Court Report


rSTATECOURTREPORTJ


-    -    JUDICIAL INTERPRETATION


The Neglected State Constitutional

Protections Against Extreme Punishments


Two   new  law  review  articles  explore  the  origins  of

antipunishment clauses in Pennsylvania and North Carolina.

By Ben Finholt, Kevin Bendesky Published: July 21, 2023

Arizona  Pennsylvania North Carolina New Jersey Virginia  Delaware


Not unlike their approach to abortion and gun rights, the Supreme Court's
conservatives have for decades pushed a narrow originalist view of the Eighth
Amendment,   arguing that a criminal punishment is only cruel and unusual if the
founding generation understood it to be so. Far less attention has been given to the
distinctive texts and histories of state analogues to the Eighth Amendment and how
they may support more expansive protections.


https://statecourtreport. org/our-work/analysis-opinion/neglected-state-constitutional-protections-against-extreme-punishments


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