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- Title
WHY PROPORTIONALITY MATTERS.
- Authors
Lee, Youngjae
- Abstract
The article discusses proportionality in relation to criminal sentences in the U.S. as of May 2012, focusing on the U.S. Supreme Court's (USSC) ruling in the case Graham v. Florida, as well as an examination of several legal tests such as the relative culpability test and the pointless suffering test. Proportionality and the death penalty are addressed through an examination of the USSC child rape case Kennedy v. Louisiana.
- Subjects
UNITED States; PROPORTIONALITY in law; CRIMINAL sentencing; GRAHAM v. Florida; UNITED States. Supreme Court; ACTION &; defense cases; KENNEDY v. Louisiana (Supreme Court case)
- Publication
University of Pennsylvania Law Review, 2012, Vol 160, Issue 6, p1835
- ISSN
0041-9907
- Publication type
Article