The Death Penalty, Mandatory Prison Sentences, and the Eighth Amendment’s Rule Against Cruel and Unusual Punishments
Osgood Hall Law Journal, Vol. 39, Nos. 2&3, pp. 427-447, 2001
22 Pages Posted: 9 May 2010
Date Written: 2001
The text of section 12 of the Canadian Charter of Rights and Freedoms and the Eighth Amendment to the United States Constitution prohibit cruel and unusual punishment in language that is similar but not identical. Still, in considering constitutional restrictions on punishment, the decisions of the Supreme Court of Canada and the United States Supreme Court both focus on the concept of gross disproportionality between the offence committed and the state's response. Despite the appearance of similarity, this article maintains that differences in the American law of sentencing explain why Canada ought not follow or adopt the United States approach to minimum sentences.
Keywords: Constituional, law, punishment, American approach, Canadian approach
JEL Classification: K1, K19
Suggested Citation: Suggested Citation