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Progression of "Evolving Standards of Decency" in U.S. Supreme Court Decisions

NCJ Number
248295
Journal
Criminal Justice Review Volume: 39 Issue: 3 Dated: September 2014 Pages: 253-271
Author(s)
Matthew C. Matusiak; Michael S. Vaughn; Rolando V. del Carmen
Date Published
September 2014
Length
37 pages
Annotation

The non-static interpretation of the Eighth Amendment was first introduced by the U.S. Supreme Court in Weems v. United States.

Abstract

The non-static interpretation of the Eighth Amendment was first introduced by the U.S. Supreme Court in Weems v. United States. It was further named "evolving standards of decency," in Trop v. Dulles. Although evolving standards of decency began as dicta, the principle is now enshrined constitutional doctrine. This article traces the history and application of evidence in identifying evolving standards of decency, from its philosophical origins through its influence on recent U.S. Supreme Court decisions. The article concludes by tracing the Court's post hoc rationalization, which makes use of the doctrine controversial. Abstract published by arrangement with Sage.