Abstract
This case note examines the controversial decision of the US Supreme Court which, by a majority of 5:4 held that California should reduce its prison population as overcrowding levels gave rise to cruel and unusual punishment. The implications of the case for the interpretation of when prisoners' rights under the Eighth Amendment are breached, the separation of powers are discussed; the possible impact on prison rates in the USA is also examined.
Original language | English |
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Pages (from-to) | 261-274 |
Number of pages | 14 |
Journal | Modern Law Review |
Volume | 75 |
Issue number | 2 |
DOIs | |
Publication status | Published - Mar 2012 |
Externally published | Yes |
Keywords
- Cruel and unusual punishment
- Prison Litigation Reform Act 1995
- Prisoners' rights