A recent law review arti­cle by Prof. Michael Mannheimer of the Salmon P. Chase College of Law argues that the fed­er­al penal­ty may vio­late the Eighth Amendment’s pro­scrip­tion against cru­el and unusu­al pun­ish­ments when it is used in states that do not have the death penal­ty. Prof. Mannheimer explores the strain of the Eighth Amendment’s his­to­ry that is specif­i­cal­ly con­cerned with lim­it­ing the fed­er­al gov­ern­men­t’s pow­er to inter­fere with the norms of indi­vid­ual states. He also notes that there has recent­ly been a marked increase in the use of the fed­er­al death penal­ty in non-death penal­ty states.
(M. Mannheimer, When the Federal Death Penalty is Cruel and Unusual,’ ” 74 U. of Cincinnati Law Review 819 (2006)). Read the full arti­cle HERE. See Federal Death Penalty and Law Reviews.

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