Open Menu Open Menu

    St. Thomas Law Review

    Constitutional Law

    Constitutional LawDeath PenaltyFeaturedU.S. Constitution

    New Executions Methods: How Alabama’s Use of Nitrogen Gas for Executions Calls for a Reassessment of What Exactly is Cruel and Unusual Punishment

    March 25, 2024By Rocio Iglesias Gonzalez

      The Eighth Amendment states, “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”[i]  For many years, advocates against the death penalty have asserted that capital punishment violates the Eighth Amendment.[ii]  To advance their argument, advocates argue that the methods used to carry out the executions are cruel […]

    Read More

    Constitutional LawFeaturedStatutory Interpretation

    Statutory Interpretation or Gun Control? How a Supreme Court Decision May Change the Meaning of a “Machinegun”

    March 22, 2024By Stephanie Blanco

      Pursuant to 26 U.S.C. § 5845(b), a machinegun is “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.”[i] The definition also includes the “frame or receiver of any such weapon, any part designed […]

    Read More

    Constitutional LawFeaturedMoney LaunderingU.S. Constitution

    Criminal Defense Attorneys Beware: Attorneys’ Fees Are Not a Safe Harbor for Illegal Drug Money

    March 20, 2024By Kevin Nakfour

      Defense attorneys play a critical role in the criminal justice system. The Sixth Amendment to the U.S. Constitution ensures the right to counsel to a criminal defense even if he or she cannot afford to pay for an attorney.[i] However, in some instances, a defendant can not only afford an attorney, but they can […]

    Read More

    Constitutional LawDeath PenaltyFeaturedFlorida Statutes

    Will Florida’s Death Penalty for Convicted Child Rapists Reverse Supreme Court Precedent?

    March 15, 2024By Kaisha Ahye

        Current Precedent On August 25, 2003, Patrick Kennedy was found guilty of raping his 8-year-old stepdaughter and was sentenced to death by a jury of his peers in a Louisiana court.[i] Kennedy appealed. He argued that under the Eighth Amendment of the U.S. Constitution, the death penalty was cruel and unusual punishment because […]

    Read More

    Back to Top