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Wednesday, October 19, 2011

Perry on Whether Capital Punishment is "Cruel and Unusual"

Perry, Michael J. - Emory University LawMichael J. Perry (Emory University School of Law) has posted Is Capital Punishment ‘Cruel and Unusual’? (The Constitutional Morality of the United States: Human Rights and Judicial Review, Forthcoming) on SSRN. Here is the abstract:

The right of every human being – every human being without exception – not to be subjected to any punishment that is “cruel, inhuman or degrading” is an international human right. A version of that right is entrenched in the constitutional law of the United States: the right of every human being – again, without exception – not to be subjected to any punishment that is “cruel and unusual”. In this paper, I inquire both whether capital punishment is “cruel, inhuman or degrading” and, next, whether capital punishment is “cruel and unusual”.

http://lawprofessors.typepad.com/crimprof_blog/2011/10/xxx-perry-on-whether-capital-punishment-is-cruel-and-unusual.html

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