NCJ Number
36814
Journal
Wisconsin Law Review Volume: 1976 Issue: 2 Dated: (1976) Pages: 655-669
Date Published
1976
Length
15 pages
Annotation
NOTE EXAMINING THE SIXTH CIRCUIT COURT RULING IN DOWNEY V PERINI (1975) AND THE PROPORTIONALITY ANALYSIS METHOD OF EXAMINING THE CONSTITUTIONALITY OF SENTENCES IN LIGHT OF SUPREME COURT CASES FORMULATING AND DEFINING IT.
Abstract
IN DOWNEY, THE COURT DECLARED AN OHIO STATUTE TO BE UNCONSTITIONAL BECAUSE THE DISPROPORTIONATE LENGTH OF THE INDERTEMINATE SENTENCES ATTACHED TO IT CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT. THE SUPREME COURT'S EIGHTH AMENDMENT RULINGS ARE ANALYZED AS ARE STATE COURT DECISIONS OVERTURNING SENTENCES ON EIGHTH AMENDMENT GROUNDS, AS A MEANS OF TRACING THE DEVELOPMENT OF THE PROPORTIONALITY ANALYSIS FRAMEWORK. THE USE OF PROPORTIONALITY ANALYSIS AS A JUDICIAL TOOL, AND ITS SPECIFIC APPLICATION IN DOWNEY ARE ALSO EXAMINED. THE AUTHOR CONCLUDES THAT THIS REVIEW TECHNIQUE HAS SHOWN GREAT POTENTIAL AS A TOOL FOR APPELLATE SENTENCE REVIEW AND THAT THE DOWNEY DECISION SUGGESTS THAT APPELLATE COURT DECISIONS BASED ON THE EIGHTH AMENDMENT WILL CONTINUE TO EXPAND.