A recent United States Supreme Court decision established a new eighth amendment test for the constitutionality of punishment which may be out of proportion with the severity of a crime. After examining the Court's statement and use of this test for the rape of an adult the author concludes that the Court's test is not entirely satisfactory. Finally, the author applies the new test of constitutionality of capital punishment to the crime of sexual battery as defined in the Florida Statutes.
Seth Parker Joseph,
The Eighth Amendment, Rape, and Sexual Battery: A Study in Methods of Judicial Review,
32 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol32/iss3/8