The Weight of International Consensus

November 9, 2011

  • 350H Sentencing and Punishment
  • 350HVII Cruel and Unusual Punishment in General
  • 350HVII(E) Excessiveness and Proportionality of Sentence
  • 350Hk1480 k. In General.

350H Sentencing and PunishmentInternational consensus against a given sentence for a type of crime and category of criminal may provide fodder to feed law review articles, symposia, and social science research, and it may serve as make-weight argument for result arrived at through other reasoning, but it cannot be decisive in analysis of whether particular punishment is cruel and unusual.
Loggins v. Thomas, 654 F.3d 1204 (11th Cir. 2011)
Suggested by Andrews Allen, Senior Principal Attorney Editor, Westlaw