Abstract

http://ssrn.com/abstract=2331066
 


 



Banished for Life: Deportation of Juvenile Offenders as Cruel and Unusual Punishment


Beth Caldwell


Southwestern Law School

September 25, 2013

Cardozo Law Review, Vol. 34, No. 6, 2013

Abstract:     
This Article weaves together the reasoning of two distinct lines of Supreme Court decisions to argue that: (1) deportation is a punishment under the law; and (2) the mandatory deportation of those deported due to a juvenile conviction violates the Eighth Amendment’s prohibition against cruel and unusual punishment. Although others have argued that deportation should be construed as cruel and unusual punishment, no one has examined the practice in relationship to the emerging doctrinal framework for assessing categorical claims of cruel and unusual punishment for juveniles. Accordingly, this Article lays the groundwork for future discussion of deportation as cruel and unusual punishment in light of the Supreme Court’s evolving jurisprudence in the area.

Number of Pages in PDF File: 51

Keywords: deportation, juvenile, Eighth Amendment, punishment, cruel and unusual punishment, immigration

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Date posted: September 27, 2013  

Suggested Citation

Caldwell, Beth, Banished for Life: Deportation of Juvenile Offenders as Cruel and Unusual Punishment (September 25, 2013). Cardozo Law Review, Vol. 34, No. 6, 2013. Available at SSRN: http://ssrn.com/abstract=2331066

Contact Information

Beth Caldwell (Contact Author)
Southwestern Law School ( email )
3050 Wilshire Blvd.
Los Angeles, CA 90010
United States
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