The Evolving Standards, As Applied
The title of this post is the title of this notable new paper authored by William Berry now available via SSRN. Here is its abstract:
In
Jones v. Mississippi, the Supreme Court adopted a narrow reading of its Eighth Amendment categorical bar on mandatory juvenile life-without-parole (JLWOP) sentences. Specifically, the Court rejected the Jones’ claim that the Eighth Amendment categorical limit required a sentencing jury or judge make a finding of permanent incorrigibility that the defendant is beyond hope of rehabilitation as a prerequisite to imposing a JLWOP sentence.
In dicta, the Court suggested that Jones could have made an individual as-applied challenge to his sentence under the Eighth Amendment by claiming that his JLWOP sentence was disproportionate to the crime he committed. While the Court has used a narrow disproportionality standard in non-capital, non-JLWOP cases, it is not clear what standard would apply to individual
Legal Theory Blog: Berry on Jones v Mississippi
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Environmentalists, Indigenous bands will continue to appeal Line 3 decision. The Department of Commerce will not
The move ends a legal challenge that began in former Minnesota Gov. Mark Dayton s administration was continued by Gov. Tim Walz s administration. 5:32 pm, Jul. 15, 2021 ×
Protesters chant and raise signs as they march on Duluth s Lakewalk on Sept. 28, 2019, after a rally at Gichi-ode Akiing in protest of Enbridge Line 3. (Tyler Schank / File / News Tribune)
Environmental groups and Indigenous bands opposed to Enbridge s Line 3 oil pipeline have asked the Minnesota Supreme Court to overturn a lower court s ruling that said regulators relied on the correct demand forecast when approving the pipeline.