147) For, the majority continues, "whether [the Constitution's proportionality] requirement has been fulfilled" tunas on "norms that 'currently prevail,'" (148) with the "Amendment 'draw[ing] its meaning from the evolving standards of decency that mark the progress of a maturing society.
It is significant how much Kennedy turns on assertions and, per the dissent, countera-ssertions concerning evolving standards of decency.
The Court embarked on the process of regulating the use of the death penalty among the various states by using evolving standards of decency and the contemporary state legislative trend, combined with its own judgment.
Rather than continue to give state legislatures a chance to improve the procedures and add safeguards as the Court had done after Furman and throughout its evolving standards of decency jurisprudence, Justice Powell's declining regard for the principle of judicial restraint perhaps sealed his view that the Court ought not to continue down the same tortured path.
17) Currently, the Supreme Court examines all criminal punishments under its evolving standards of decency framework, creating what may be considered premature evolution of punishment illegality in the United States.
Dulles (25) that the Eighth Amendment "must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.
Specifically, it will show that because the risk is unnecessary in light of a readily available alternative to the three-drug protocol--one that avoids the risk that that protocol presents without foreclosing use of lethal injection generally--and because the proscription of unnecessary risks more closely aligns with Eighth Amendment protections, (154) especially as informed by evolving standards of decency
hostile to such risks, neither common sense nor adherence to Eighth Amendment ideals can support tolerating the risks engendered by modern, three-drug death.
The Court maintains that the scope of "cruel and unusual punishment" depends on society's evolving standards of decency
Just as the "jurisprudence" of Catholic death penalty teaching taps into a larger construct of authoritative Church teaching, post-Kennedy death penalty jurisprudence could benefit from more clearly demarcating levels of moral authority proper to constructing, describing, and reviewing the evolving standards of decency
The Court, however, acknowledged the role of societal consensus in determining whether or not a particular criminal penalty offends evolving standards of decency
to the extent it is prohibited by the Eight Amendment.
For nearly half a century, the Supreme Court has acknowledged that the Eighth Amendment's Cruel and Unusual Punishments Clause "must draw its meaning from evolving standards of decency
that mark the progress of a maturing society.
Kentucky, (14) the Court concluded that society's evolving standards of decency
had not matured to the point where they would foreclose the execution of sixteen-year-olds.