Saturday, October 5, 2013
Beth Caldwell (Southwestern Law School) has posted Banished for Life: Deportation of Juvenile Offenders as Cruel and Unusual Punishment (Cardozo Law Review, Vol. 34, No. 6, 2013) on SSRN. Here is the abstract:
This Article weaves together the reasoning of two distinct lines of Supreme Court decisions to argue that: (1) deportation is a punishment under the law; and (2) the mandatory deportation of those deported due to a juvenile conviction violates the Eighth Amendment’s prohibition against cruel and unusual punishment. Although others have argued that deportation should be construed as cruel and unusual punishment, no one has examined the practice in relationship to the emerging doctrinal framework for assessing categorical claims of cruel and unusual punishment for juveniles. Accordingly, this Article lays the groundwork for future discussion of deportation as cruel and unusual punishment in light of the Supreme Court’s evolving jurisprudence in the area.