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The Death Penalty and the Evolution of Eighth Amendment Law The Death Penalty and the Evolution of Eighth Amendment Law
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Regulation under the Eighth Amendment Begins Regulation under the Eighth Amendment Begins
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Procedural Requirements under the Eighth Amendment: Super Due Process Procedural Requirements under the Eighth Amendment: Super Due Process
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Substantive Limitations under the Eighth Amendment: Proportionality Substantive Limitations under the Eighth Amendment: Proportionality
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Habeas Review in Capital Cases before 1996 Habeas Review in Capital Cases before 1996
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The Latest Phase: Capital Habeas under AEDPA The Latest Phase: Capital Habeas under AEDPA
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Seven: Habeas and the Death Penalty
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Published:April 2011
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Abstract
This chapter investigates the habeas review of federal death sentences, specifically exploring how habeas litigation in capital cases became what it is today. The Supreme Court has increasingly employed the Eighth Amendment to enforce substantive restrictions on the use of capital punishment. It seemed that the Court aimed at developing two separate strands of Eighth Amendment proportionality doctrine: one for capital cases and another for noncapital cases. The story of habeas corpus and the story of the death penalty in the modern era of the Supreme Court's Eighth Amendment jurisprudence have been inextricably interlaced. The legal battle over capital punishment has been fought primarily on the battleground of habeas. In noncapital cases, habeas litigation was merely a wasteful nuisance. However, in capital cases, habeas continued to be center stage in a prolonged and bitter struggle that shows no signs of ending any time soon.
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