The practice of executing such offenders is a relic of the past and is inconsistent with evolving standards of decency in a civil-ized society. We should put an end to this shameful practice.”; In re Stanford, 537 U.S. 968, 971, 123 S.Ct;
www.abanet.org/crimjust/juvjus/EvolvingStandards.pdf www.abanet.org/crimjust/juvjus/EvolvingStandards.pdf
From the April 4, 2005 issue: "Evolving Standards of decency" saved Christopher Simmons's life; they weren't enough to save Terri Schiavo.
www.weeklystandard.com/content/public/articles/000/000/... www.weeklystandard.com/content/public/articles/000/000/005/404sumza.asp
Of course "judicial activists" have a story line to render irrelevant the above undeniable facts: the Eighth Amendment, along with the rest of the Constitution, changes in keeping with the evolving standards of decency held by whomever happens to be on the Supreme Court [3].
tempknak.home.att.net/YoHoHo.html
The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society. This obligation requires that congressional enactments be judged by the standards of the Constitution. The Judiciary has the duty of implementing the constitutional safeguards that protect...
www.law.cornell.edu/supct/html/historics/USSC_CR_0356_0... www.law.cornell.edu/supct/html/historics/USSC_CR_0356_0086_ZO.html
must draw its meaning from the evolving standards of decency that mark ..... in making its determination on whether the “evolving standard of decency”...
lilt.ilstu.edu/critique/spring2004docs/bacharach.pdf
One application of the Living Constitution framework is seen in the Supreme Court's reference to "evolving standards of decency" under the 8th Amendment.
en.wikipedia.org/wiki/Living_Constitution
The Court reaffirmed the necessity of referring to “the evolving standards of decency that mark the progress of a maturing society” to determine which...
www.deathpenaltyinfo.org/article.php?did=885&scid
A careful review of the Court's prior opinions shows that the Court has never considered military law in evaluating the objective indicia of the "evolving standards of decency" even when the military had seemingly relevant provisions.
ssrn.com/abstract=1267450
This document argues that the US Supreme Court should review its position on the execution of juvenile offenders given the recent decision of a Virginia jury not to seek the death penalty against Lee Malvo › USA: Evolving standards of decency...
www.amnesty.org/en/library/info/AMR51/003/2004
Another amorphous measure by which the constitutionality of criminal sentences is reviewed allows the Supreme Court to invalidate punishments that are contrary to "the evolving standards of decency that mark a maturing society" (Trop v. Dulles, 356 U.S. 86, 78 S. Ct. 590, 2 L. Ed. 4 Evolving standards of decency...
www.answers.com/topic/amendment-viii-to-the-u-s-constit... www.answers.com/topic/amendment-viii-to-the-u-s-constitution