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

51 Pages Posted: 27 Sep 2013  

Beth C. Caldwell

Southwestern Law School

Date Written: September 25, 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.

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

Suggested Citation

Caldwell, Beth C., 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: https://ssrn.com/abstract=2331066

Beth C. Caldwell (Contact Author)

Southwestern Law School ( email )

3050 Wilshire Blvd.
Los Angeles, CA 90010
United States

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