John F. Stinneford

University of Florida Levin College of Law

Professor of Law

P.O. Box 117625

Gainesville, FL 32611-7625

United States

  • University of Florida Levin College of Law

SCHOLARLY PAPERS

14

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1

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15

Scholarly Papers (14)

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1.

The Original Meaning of 'Unusual': The Eighth Amendment as a Bar to Cruel Innovation

Northwestern University Law Review, Vol. 102, No. 4, 2008, University of Florida Levin College of Law Research Paper No. 2009-26
Number of pages: 89 Posted: 19 Sep 2007 Last Revised: 31 Aug 2009
John F. Stinneford
University of Florida Levin College of Law
Downloads 913 (28,980)
Citation 1

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Eighth Amendment, Cruel and Unusual Punishment, Criminal Law, Constitutional Law, Original Meaning

2.

Incapacitation Through Maiming: Chemical Castration, the Eighth Amendment, and the Denial of Human Dignity

University of St. Thomas Law Journal, 2006, U of St. Thomas Legal Studies Research Paper No. 06-25
Number of pages: 37 Posted: 20 Jul 2006
John F. Stinneford
University of Florida Levin College of Law
Downloads 856 (31,770)

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Punishment, chemical castration, cruel and unusual punishment, eighth amendment, sex offenders, criminal justice

3.

Rethinking Proportionality Under the Cruel and Unusual Punishments Clause

Virginia Law Review, Vol. 97, No. 4, 2011, University of Florida Levin College of Law Research Paper No. 2010-23
Number of pages: 80 Posted: 20 Aug 2010 Last Revised: 04 Feb 2014
John F. Stinneford
University of Florida Levin College of Law
Downloads 526 (60,472)

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Eighth Amendment, Cruel and Unusual Punishments, Constitution, Criminal Sentencing, Original Meaning

4.

The Original Meaning of 'Cruel'

Georgetown Law Journal, Vol. 105, pp. 441-506 (2017), University of Florida Levin College of Law Research Paper No. 16-47
Number of pages: 66 Posted: 01 Oct 2016 Last Revised: 15 Jan 2017
John F. Stinneford
University of Florida Levin College of Law
Downloads 437 (75,988)
Citation 2

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Eight Amendment, Cruel and Unusual Punishment, Solitary Confinement, Sentencing, Capital Punishment, Lethal Injection

5.

The Illusory Eighth Amendment

American University Law Review, Vol. 63, No. 2, 2013
Number of pages: 59 Posted: 07 Feb 2014 Last Revised: 23 Sep 2015
John F. Stinneford
University of Florida Levin College of Law
Downloads 381 (89,128)

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Eighth Amendment, Cruel and Unusual, Originalism, Implementation, Original Meaning, Constitution, Constitutional Interpretation, Interpretation, Miranda, Fifth Amendment

6.

Punishment Without Culpability

Journal of Criminal Law & Criminology, Vol. 102, No. 3
Number of pages: 72 Posted: 17 Jan 2013
John F. Stinneford
University of Florida Levin College of Law
Downloads 243 (144,704)

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criminal law, constitution, cruel and unusual punishment, strict liability, burden of proof, affirmative defense, proportionality, common law, instrumentalism, natural law, bill of rights, Eighth Amendment

7.

Evolving Away from Evolving Standards of Decency

Federal Sentencing Reporter, Vol. 23, No. 1, 2010, University of Florida Levin College of Law Research Paper No. 2010-20
Number of pages: 15 Posted: 05 Aug 2010
John F. Stinneford
University of Florida Levin College of Law
Downloads 196 (177,498)

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Cruel and Unusual, Eighth Amendment, Punishment, Constitution, Bill of Rights, Evolving Standards of Decency, Criminal

8.

Death, Desuetude, and Original Meaning

William & Mary Law Review, Vol. 56, 2014
Number of pages: 65 Posted: 19 Nov 2014
John F. Stinneford
University of Florida Levin College of Law
Downloads 194 (179,153)

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Death Penalty, Cruel and Unusual Punishments, Originalism, Original Meaning, Desuetude, Common Law, Individual Rights, Punishment, Sentencing

9.

Subsidiarity, Federalism and Federal Prosecution of Street Crime

Journal of Catholic Social Thought, Vol. 2, p. 495, 2005, U of St. Thomas Legal Studies Research Paper No. 05-19
Number of pages: 30 Posted: 15 Nov 2005
John F. Stinneford
University of Florida Levin College of Law
Downloads 176 (195,285)

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Subsidiarity, Catholic social thought, Criminal justice, federal criminal law, criminal law, prosecutors, sentencing

10.

Dividing Crime, Multiplying Punishments

48 U.C. DAVIS L. REV. 1955 (2015), University of Florida Levin College of Law Research Paper No. 15-7
Number of pages: 81 Posted: 19 Nov 2014 Last Revised: 02 Sep 2015
John F. Stinneford
University of Florida Levin College of Law
Downloads 160 (211,777)

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Rule of Lenity, Strict Construction, Double Jeopardy, Cruel and Unusual Punishments, Strict Construction of Penal Statutes, Common Law, Instrumentalism, Originalism, Original Meaning, Natural Law, Positivism, Punishment, Sentencing, Statutory Construction, Unit of Prosecution, Excessive Punishment

11.

Is Solitary Confinement a Punishment?

115 Nw. U. L. Rev. 9 (2020), University of Florida Levin College of Law Research Paper No. 20-40
Number of pages: 37 Posted: 12 Jun 2020 Last Revised: 29 Oct 2020
John F. Stinneford
University of Florida Levin College of Law
Downloads 103 (296,051)

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solitary confinement, punishment, criminal law, criminal procedure, prison law, incarceration, ex post facto, double jeopardy, 5th Amendment, 8th Amendment, torture, self-incrimination

12.

The 'Not a Search' Game

Harvard Journal of Law and Public Policy, Vol. 38, No. 1, 2014
Number of pages: 5 Posted: 29 Dec 2014
John F. Stinneford
University of Florida Levin College of Law
Downloads 100 (301,971)

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Fourth Amendment, Technology

13.

Youth Matters: Miller v. Alabama and the Future of Juvenile Sentencing

Ohio State Journal of Criminal Law, Vol. 11, No. 1, 2013
Number of pages: 8 Posted: 07 Feb 2014
John F. Stinneford
University of Florida Levin College of Law
Downloads 75 (360,174)

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Eighth Amendment, Cruel and Unusual, Juveniles, Juvenile Justice, Sentencing

14.

Experimental Punishments

Notre Dame Law Review, Vol. 95, 2019, University of Florida Levin College of Law Research Paper No. 19-30
Number of pages: 48 Posted: 02 Nov 2019 Last Revised: 11 Dec 2019
John F. Stinneford
University of Florida Levin College of Law
Downloads 63 (395,489)

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Criminal Law, Criminal Procedure, Constitutional Law, Individual Rights, Eighth Amendment, Cruel and Unusual, Solitary Confinement