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Comparative examiniation of proportional punishments

By Douglas A. Berman

I just saw on SSRN this new piece, titled "Proportionality in the Criminal Law: The Differing American versus Canadian Approaches to Punishment."  Here is the abstract: The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit ?cruel and unusual punishment?; and their effect on mandatory criminal sentencing (via penal statute) in the two countries.  Part I of this Article shall briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada.  Part II of this Article shall present and explain the American Eighth Amendment approach to the constitutionality of mandatory criminal sentencing...continue to full post

Full post as published by Sentencing Law and Policy on April 30, 2009 (boomark / email).