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Al-Joudi v. Bush, No. Civ. No. 05-301 (GK) (D.D.C.) (406 F.Supp.2d 13) (October 26, 2005) (Judge Gladys Kessler)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Al-Joudi v. Bush, No. Civ. No. 05-301 (GK) (D.D.C.) (406 F.Supp.2d 13) (October 26, 2005) (Judge Gladys Kessler) by This is another of a large series of cases in the American courts involving the alleged “enemy combatants” who are being held at various secret or secretive military prisons throughout the …

Hudson v. McMillian, No. 90-6531 (U.S. Supreme Court) (503 U.S. 1; 112 S.Ct. 995) (February 25, 1992) (Justice O'Connor)

Article • September 3, 2005

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Hudson v. McMillian, No. 90-6531 (U.S. Supreme Court) (503 U.S. 1; 112 S.Ct. 995) (February 25, 1992) (Justice O'Connor) by Here the Court held that where an inmate's Eighth Amendment claim is based on excessive force, the "core judicial inquiry is . . . whether force was applied in a …

Atkins v. Virginia, No. 00-8452 (U.S. Supreme Court) (536 U.S. 304; 122 S.Ct. 2242) (June 20, 2002) (Justice Stevens)

Article • August 9, 2005 • from P&J June, 2002

Filed under: Punch And Jurists, Mental Retardation/Intellectual Disability

Atkins v. Virginia, No. 00-8452 (U.S. Supreme Court) (536 U.S. 304; 122 S.Ct. 2242) (June 20, 2002) (Justice Stevens) by More than any other topic, the death penalty seems to divide the Supreme Court Justices into bitter, warring camps. In this case, a 6-to-3 majority of the Court held that …

Stanford v. Kentucky, No. 87-5765 (U.S. Supreme Court) (492 U.S. 361; 109 S.Ct. 2969) (June 26, 1989) (Justice Scalia)

Article • March 2, 2005

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Stanford v. Kentucky, No. 87-5765 (U.S. Supreme Court) (492 U.S. 361; 109 S.Ct. 2969) (June 26, 1989) (Justice Scalia) by In this consolidated case, a Kentucky juvenile defendant and a Missouri juvenile defendant challenged the death penalty for their murder convictions, in separate proceedings, on the grounds that such a …

Hutto v. Finney, No. 76-1660 (U.S. Supreme Court) (437 U.S. 678; 98 S.Ct. 2565) (June 23, 1978) (Justice Stevens)

Article • August 19, 2004

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Hutto v. Finney, No. 76-1660 (U.S. Supreme Court) (437 U.S. 678; 98 S.Ct. 2565) (June 23, 1978) (Justice Stevens) by In this case a sharply divided court affirmed some broad remedial remedies imposed on the Arkansas prison system to stop and deter unconscionable living conditions in the prison system. After …

Chandler v. Crosby, No. 03-12017 (11th Cir.) (379 F.3d 1278) (August 6, 2004) (Judge Gerald B. Tjoflat)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Chandler v. Crosby, No. 03-12017 (11th Cir.) (379 F.3d 1278) (August 6, 2004) (Judge Gerald B. Tjoflat) by The Court held that subjecting death row inmates to temperatures above 90 degrees during Florida’s summer months without any air-conditioning does not constitute cruel and unusual punishment. This is one of those …

U.S. v. Gementera, No. 03-10103 (9th Cir.) (379 F.3d 596) (August 9, 2004) (Judge Diarmuid F. O'Scannlain)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Punishment

U.S. v. Gementera, No. 03-10103 (9th Cir.) (379 F.3d 596) (August 9, 2004) (Judge Diarmuid F. O'Scannlain) by Here a divided panel upheld a special condition of supervised release that imposed a humiliating punishment on a convicted felon - namely that he wear a sandwich board announcing that he stole …

Thompson v. Oklahoma, No. 86-6169 (U.S. Supreme Court) (487 U.S. 815; 108 S.Ct. 2687) (June 29, 1988) (Justice Stevens)

Article • January 28, 2004

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Thompson v. Oklahoma, No. 86-6169 (U.S. Supreme Court) (487 U.S. 815; 108 S.Ct. 2687) (June 29, 1988) (Justice Stevens) by Here, the Supreme Court has indicated that the age of a young defendant is relevant, in the Eighth Amendment sense, to his culpability. A plurality of the Court concluded that …

In Re Kevin Nigel Stanford, No. 01-10009 (U.S. Supreme Court) (537 U.S. 968; 123 S.Ct. 472) (October 21, 2002) (Per Curiam)

Article • January 28, 2004

Filed under: Punch And Jurists, Cruel and Unusual Punishment

In Re Kevin Nigel Stanford, No. 01-10009 (U.S. Supreme Court) (537 U.S. 968; 123 S.Ct. 472) (October 21, 2002) (Per Curiam) by Although five of the Justices voted to deny certiorari in this case, four of the Justices said they believed the Constitution bars the execution of those who committed …

Hudson v. U.S., No. 96-976 (U.S. Supreme Court) (522 U.S. 93; 118 S.Ct. 488) (December 10, 1997) (Justice Rehnquist)

Article • June 7, 2003

Filed under: Punch And Jurists, Punishment

Hudson v. U.S., No. 96-976 (U.S. Supreme Court) (522 U.S. 93; 118 S.Ct. 488) (December 10, 1997) (Justice Rehnquist) by Case held that if a penalty is applied under a civil statutory scheme, only the "clearest proof" will transform a civil penalty into a criminal punishment for double jeopardy purposes, …

Kennedy v. Mendoza-Martinez, No. 2 (U.S. Supreme Court) (372 U.S. 144; 83 S.Ct. 554) (February 18, 2063) (Justice Goldberg)

Article • March 12, 2003

Filed under: Punch And Jurists, Punishment

Kennedy v. Mendoza-Martinez, No. 2 (U.S. Supreme Court) (372 U.S. 144; 83 S.Ct. 554) (February 18, 2063) (Justice Goldberg) by In these two consolidated cases, the United States appealed from orders of the United States District Court for the District of Columbia and the Southern District of California (in decisions …

Woodson v. North Carolina, No. 75-5491 (U.S. Supreme Court) (428 U.S. 280; 96 S.Ct. 2978) (July 2, 1976) (Justice Stewart)

Article • December 29, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Woodson v. North Carolina, No. 75-5491 (U.S. Supreme Court) (428 U.S. 280; 96 S.Ct. 2978) (July 2, 1976) (Justice Stewart) by In this case, decided on the same day as Gregg v. Georgia, 428 U.S. 153 (1976), the Court struck down a North Carolina death penalty statute which mandated imposition …

Gregg v. Georgia, No. 74-6257 (U.S. Supreme Court) (428 U.S. 153; 96 S.Ct. 2909) (July 2, 1976) (Judge Various)

Article • November 24, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Gregg v. Georgia, No. 74-6257 (U.S. Supreme Court) (428 U.S. 153; 96 S.Ct. 2909) (July 2, 1976) (Judge Various) by This decision, noted for the intensity of the debate about the validity of the death penalty under the Eighth Amendment, consisted of a series of plurality decisions one of which …

Enmund v. Florida, No. 81-5321 (U.S. Supreme Court) (458 U.S. 782; 102 S.Ct. 3368) (July 2, 1982) (Justice White)

Article • October 17, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Enmund v. Florida, No. 81-5321 (U.S. Supreme Court) (458 U.S. 782; 102 S.Ct. 3368) (July 2, 1982) (Justice White) by Here the Court reversed a death sentence for a defendant convicted of robbery, because, even though two victims were killed during the robbery by others, this petitioner did not kill …

Lawrence v. Bowersox, No. 01-1813 (8th Cir.) (297 F.3d 727) (July 22, 2002) (Judge C. Arlen Beam)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Lawrence v. Bowersox, No. 01-1813 (8th Cir.) (297 F.3d 727) (July 22, 2002) (Judge C. Arlen Beam) by Here the Court held that dousing prisoners with pepper spray from a large cannister violated their rights to be free from cruel and unusual punishment under the Eighth Amendment and gave rise …

Trop v. Dulles, No. 70 (U.S. Supreme Court) (356 U.S. 86; 78 S.Ct. 590) (March 31, 2058) (Justice Warren)

Article • June 27, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Trop v. Dulles, No. 70 (U.S. Supreme Court) (356 U.S. 86; 78 S.Ct. 590) (March 31, 2058) (Justice Warren) by The petitioner in this case, Albert Trop, a native-born American, was declared to have lost his United States citizenship and become stateless by reason of his conviction by court-martial for …

Missouri v. Hunter, No. 81-1214 (U.S. Supreme Court) (459 U.S. 359; 103 S.Ct. 673) (January 19, 1983) (Justice Burger)

Article • March 17, 2002

Filed under: Punch And Jurists, Punishment

Missouri v. Hunter, No. 81-1214 (U.S. Supreme Court) (459 U.S. 359; 103 S.Ct. 673) (January 19, 1983) (Justice Burger) by Here the Court amplified its "Blockburger rule" and held that where Congress "specifically authoriz[es]" cumulative punishments for even the same offense, the Double Jeopardy Clause is not violated. In Blockburger …

Riggs v. California, No. 98-5021 (U.S. Supreme Court) (525 U.S. 1114; 119 S.Ct. 890) (January 19, 1999) (Per Curiam)

Article • November 28, 2001

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Riggs v. California, No. 98-5021 (U.S. Supreme Court) (525 U.S. 1114; 119 S.Ct. 890) (January 19, 1999) (Per Curiam) by In this order denying certiorari, the Supreme Court decided not to hear an appeal from a repeat offender who was sentenced to 25 years to life in prison for stealing …

Henderson v. Norris, No. 00-2203 (8th Cir.) (258 F.3d 706) (July 9, 2001) (Judge Morris Sheppard Arnold)

Article • June 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Henderson v. Norris, No. 00-2203 (8th Cir.) (258 F.3d 706) (July 9, 2001) (Judge Morris Sheppard Arnold) by An Arkansas state jury sentenced Grover Henderson to life imprisonment for selling .238 grams (that’s one-fifth of a gram - or .0084 ounces!!!) of cocaine base - and it was the first …

Lackey v. Texas, No. 94-8262 (U.S. Supreme Court) (514 U.S. 1045; 115 S.Ct. 1421) (March 27, 1995) (Per Curiam)

Article • August 8, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Lackey v. Texas, No. 94-8262 (U.S. Supreme Court) (514 U.S. 1045; 115 S.Ct. 1421) (March 27, 1995) (Per Curiam) by The memorandum opinion by Justice Stevens is one of the rare acknowledgements by any American judge that a lengthy delay in executing a prisoner constitutes cruel and unusual punishment. Case …