- Berger , Raoul . 1991 . “The Cruel and Unusual Punishments Clause” . In the Bill of Rights: Original Meaning and Current Understanding , Edited by: Hickok , Eugen W. Charlottesville : University Press of Virginia . A complete history of the Eighth Amendment "cruel and unusual punishments" clause cannot be provided in this short paper. there is some disagreement as to the original meaning of the clause. The provision has been interpreted by the courts in three ways: (1) as a ban on torture and barbaric punishments; (2) as a requirement that punishment be proportionate to the crime; and (3) as applying to prison conditions. See
- Granucci , Anthony F. 1969 . “Nor Cruel and Unusual Punishments Inflicted: The Original Meaning” . California Law Review , 57 : 839 – 65 .
- Berkson , Lany C. 1975 . The Concept of Cruel and Unusual Punishment , Lexington, Massachusetts : D.C. Heath and Company .
- Levy , Leonard W. 1999 . Origins of the Bill of Rights , New Haven : Yale University Press .
- Fliter , John A. 2001 . Prisoners' Rights: The Supreme Court and Evolving Standards of Decency , Westport, CT : Greenwood Press . For a more detailed discussion of me proportionality principle in Supreme Court litigation, see
- Lane , Charles . 2002 . “Court to Review 'Three Strikes” . The Washington Post , April 2 : A2 Tuesday,
- King , Ryan S. and Mauer , Marc . August 2001 . "Aging Behind Bars: "Three Strikes Seven Years Later, Report for The Sentencing Project August , Washington, DC
- Lundgren , Dan . 1996 . “Three Cheers for Three Strikes: California Enjoys a Record Drop in Crime” . Policy Review , November-December : 80 In support of the California Three Strikes Law, see
- Sandoval , J. 1996 . “Three Strikes is Good Criminal Justice Policy” . Corrections Today , 58 : 4
- Zimring , Frank E. , Hawkins , G. and Kamin , S. 2001 . Punishment and Democracy: Three Strikes and You "re Out in California , Oxford : Oxford University Press . Other perspectives are offered in,
- Stoltzenberg , Lisa and D'Alessio , Stewart . 1997 . “Three Strikes and You're Out': The Impact of California's New Mandatory Sentencing Law on Serious Crime Rates” . Crime and Delinquency , 43 : 457 – 469 .
The Justice Professional
Volume 15, 2002 - Issue 3