The Constitutional Limits of the "National Consensus" Doctrine in Eighth Amendment Jurisprudence.

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    • Abstract:
      The article discusses the constitutional limits of the national consensus doctrine in relation to criminal sentences and the jurisprudence of the Eighth Amendment to the U.S. Constitution as of October 2012. The U.S. Supreme Court's interpretation of the Eighth Amendment is addressed, along with the court's views towards torture and excessive punishments. The national consensus rationale and its influence on the court's ruling in the case Kennedy v. Louisiana are also examined.