The state supreme court’s decision outlawing life without parole for people aged 18 to 20 is notable for both its outcome and the test it used to get there.
Courts should consider prison conditions and collateral consequences — not just prison time — when reviewing whether punishment is excessive under state constitutions.
Contributions
Massachusetts Rejects Harmful Federal Standard for Evaluating Whether Punishment Is Unconstitutional
The state supreme court’s decision outlawing life without parole for people aged 18 to 20 is notable for both its outcome and the test it used to get there.
What Is ‘Punishment’? How State Courts Can Fix a Destructive Flaw In Eighth Amendment Case Law
Courts should consider prison conditions and collateral consequences — not just prison time — when reviewing whether punishment is excessive under state constitutions.
Washington Supreme Court Changes the Balance of Power Between Passengers and Police on Public Transit
In assessing policing tactics, the court considered racial disparities in the justice system.