Eighth Amendment Seminar

This course offers an in-depth exploration of the Eighth Amendment’s prohibitions against excessive bail, excessive fines, and cruel and unusual punishment. Students will analyze foundational Supreme Court decisions, relevant statutory and legislative developments, and the broader historical and political contexts in which these legal doctrines have evolved. While doing so, students will examine and seek to better understand the persistent gap between the Amendment’s formal protections and the lived experiences of individuals impacted by the criminal legal system. Students will also learn about the diverse strategies employed by system-impacted individuals and communities—including class action litigation, policy advocacy, and grassroots organizing—to advance and actualize Eighth Amendment protections. Grading will be based heavily on class participation in addition to a final paper.