Title

The Progression Of "Evolving Standards Of Decency" In U.S. Supreme Court Decisions

Keywords

cruel and unusual punishment; Eighth Amendment; evolving standards of decency

Abstract

The non-static interpretation of the Eighth Amendment was first introduced by the U.S. Supreme Court in Weemsv.United States. It was further named "evolving standards of decency," in Tropv.Dulles. Although evolving standards of decency began as dicta, the principle is now enshrined constitutional doctrine. This article traces the history and application of evidence in identifying evolving standards of decency, from its philosophical origins through its influence on recent U.S. Supreme Court decisions. The article concludes by tracing the Court's post hoc rationalization, which makes use of the doctrine controversial. © 2014 Georgia State University.

Publication Date

1-1-2014

Publication Title

Criminal Justice Review

Volume

39

Issue

3

Number of Pages

253-271

Document Type

Article

Personal Identifier

scopus

DOI Link

https://doi.org/10.1177/0734016814531779

Socpus ID

84905438289 (Scopus)

Source API URL

https://api.elsevier.com/content/abstract/scopus_id/84905438289

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