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.
College of Law
Northern Illinois University Law Review
Barrett, Michael T.
"Rethinking Tison v. Arizona,"
Northern Illinois University Law Review: Vol. 9:
1, Article 7.
Michael T. Barrett, Note, Rethinking Tison v. Arizona, 9 N. Ill. U. L. Rev. 155 (1988).