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Document Type

Article

Media Type

Text

Abstract

This Note traces the numerous cases leading to the development of modern proportionality analysis pursuant to the eighth amendment's Cruel and Unusual Punishment Clause. An analysis of Tison v. Arizona follows, concluding the conduction of proportionality analysis in Tison was not only inconsistent with the generic analysis conducted in prior cases, but contrary to the underlying purpose of such analysis. This Note lastly explores the possible adverse consequences Tison has on death sentencing and the doctrine of stare decisis.

First Page

155

Last Page

186

Publication Date

11-1-1988

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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