Judge’s Opinion Reignites Debate Over Eighth Amendment’s Scope on Capital Punishment for Nonhomicide Offenses
In recent judicial developments, Judge Joshua Divine of the U.S. District Court for the Eastern District of Missouri has sparked debate around the application of the Eighth Amendment’s clause on prohibiting “cruel and unusual punishments.” In an unusual sentencing opinion, Judge Divine questioned the prevailing interpretation of the Eighth Amendment in the context of capital…