Article

The Court of Life and Death: The Two Tracks of Constitutional Sentencing Law and the Case for Uniformity.

By Rachel E. Barkow / New York University (NYU), on 1 January 2008


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This Article argues for the abandonment of the two-track approach to sentencing by the Supreme Court. It finds no support in the Constitution’s text, history, or structure, and the functional arguments given by the Court to support its capital decisions apply with equal force to all other criminal punishments.

  • Document type Article
  • Countries list United States
  • Themes list Arbitrariness,



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