Evolving Standards of Decency
In Trop v. Dulles, 356 U.S. 86 (1958), Chief Justice Earl Warren said: "The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society." Subsequently, the Court has looked to societal developments, as well as looking to its own independent judgment, in determining what are those "evolving standards of decency". The Court has then applied those standards not only to say what punishments are inherently cruel, but also to say what punishments that are not inherently cruel are nevertheless cruelly disproportionate to the offense in question.
An example of the "evolving standards" idea can be seen in Jackson v. Bishop (8th Cir., 1968), an Eighth Circuit decision outlawing corporal punishment in the Arkansas prison system.
The "evolving standards" test is not without its scholarly critics. For example, Professor John Stinneford asserts that the "evolving standards" test misinterprets the Eighth Amendment:
The Framers of the Bill of Rights understood the word “unusual” to mean “contrary to long usage.” Recognition of the word’s original meaning will precisely invert the “evolving standards of decency” test, and ask the Court to compare challenged punishments with the longstanding principles and precedents of the common law, rather than shifting and nebulous notions of “societal consensus” and contemporary “standards of decency.”On the other hand, Dennis Baker has asserted that the evolving standards of decency test accords with the moral purpose of the Eighth Amendment and the Framer’s intent that the right be used to prevent citizens being subjected to all forms of unjust and disproportionate punishments. As Professor John Bessler points out, "An Essay on Crimes and Punishments," written by Cesare Beccaria in the 1760s, advocated proportionate punishments. Many of the Founding Fathers, including Thomas Jefferson and James Madison, read Beccaria's treatise and were influenced by it.
Read more about this topic: Eighth Amendment To The United States Constitution
Famous quotes containing the words evolving, standards and/or decency:
“... friendship ... is essential to intellectuals. You can date the evolving life of a mind, like the age of a tree, by the rings of friendship formed by the expanding central trunk.”
—Mary McCarthy (1912–1989)
“In full view of his television audience, he preached a new religion—or a new form of Christianity—based on faith in financial miracles and in a Heaven here on earth with a water slide and luxury hotels. It was a religion of celebrity and showmanship and fun, which made a mockery of all puritanical standards and all canons of good taste. Its standard was excess, and its doctrines were tolerance and freedom from accountability.”
—New Yorker (April 23, 1990)
“Men often treat others worse than they treat themselves, but they rarely treat anyone better. It is the height of folly to expect consideration and decency from a person who mistreats himself.”
—Thomas Szasz (b. 1920)