Federal Judge Questions ‘Evolving Standards’ Test for Cruel and Unusual Punishment

Source: reason.com Feb 2024 Issue A federal circuit judge wants the Supreme Court to scrap a longstanding test for determining what is cruel and unusual punishment. In an October speech to the Federalist Society, Reuters reported, Judge Thomas Hardiman, appointed by President George W. Bush to the Court of Appeals for the 3rd Circuit, advocated a “return to the text and original meaning of the Eighth Amendment” and an end to the “evolving standards of decency” test created by the Supreme Court in the 1950s. In 1958, the Supreme Court…

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Canada: Registrants have the same low re-offense risk as the general public after about 10 years of being offence-free in the community

Source: utpjournals.press 7/3/2023 The public is justifiably concerned about the risk presented by individuals with a history of sexual crime. Given that recidivism risk varies across individuals and over time, what level is so low as to be indistinguishable from sexual recidivism risk in the general population (a desistance threshold)? T … Other research has found that most individuals released from a sexual offence present a similarly low residual risk (< 2%) after 10 years of being offence-free in the community. Consequently, applying long-term restrictions (e.g., lifetime registration; Criminal Code…

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