When Punishing Innocent Conduct Violates the Eighth Amendment: Applying the Robinson Doctrine to Homelessness and Other Contextual "Crimes"
Description:
This Comment will discuss the state of the forty-year-old constitutional principle (the so-called "Robinson doctrine") that criminally sanctioning a person's membership in a status violates the Eighth Amendment to the United States Constitution. (1) A corollary to the doctrine is that the state is free, at least under the Eighth Amendment, to punish conduct, so long as it is not punishing mere status. (2)
Today, the Robinson doctrine is in some ways a dead ... (abstract from http://www.encyclopedia.com)
Type of Resource:
Journal
Publication Date:
2005
Volume:
96
Issue:
1
Pages:
329
Location:
Baltimore