121) The death penalty's unacceptability to contemporary society, lack of penological
purpose (including the illegitimacy of retribution as a goal of punishment), and infliction of physical and mental pain featured prominently in the Chief Justice's conclusion that the death penalty violated the Wyoming Constitution.
When a prison regulation impinges on an inmate's ability to communicate with others, it is valid if it is 'reasonably related to legitimate penological
justification is required for a sentencing
Denials of Adequate Care and Legitimate Penological
objectives, or whether it represents an
Secondly, and most crucially, it develops a unique conceptual framework and argument, which draws on several influential currents in contemporary penological
4) Further, the established constitutional analysis for the evaluation of free exercise claims in the context of prison presupposes the existence of a penological
government interest in the restriction of religious conduct: No such interest or rationale is present in the context of civil confinement.
47) Thus, Simmons argued, there was a national consensus that (1) the diminished culpability of juvenile criminals makes the death penalty a disproportionate sentence, even if an adult might be so sentenced for the same crime, and (2) no penological
theory justified the death penalty for juvenile killers.
lacking any legitimate penological
justification is by its nature
Comparisons with modern penological
developments in the US and UK (e.
They were "cities" across America constructed with a dual purpose: to present to the community a statement of penological
wonder and to impress upon its inhabitants total control of their daily lives.
A sentence lacking any penological
justification is by its nature disproportionate to the offense," Kennedy wrote.
This position is based on a variety of policy grounds, including irreversibility and vengeful character of this penalty, possibility of the judicial error, the absence of proof that the penalty in fact serves as a deterrence to others in respect of future conduct, the capacity of life imprisonment to satisfy all penological
purposes of punishment, as well as a worldwide trend towards the abolition of the death penalty.
Is the force being applied for a legitimate penological
purpose for the security of the institution, and then only as much force as is necessary to accomplish the purpose?
Inmates typically assert four basic arguments in support of their Lackey claim: (1) an execution after prolonged confinement is contrary to society's evolving standards of decency; (2) an execution after prolonged confinement is contrary to the Framers' intent; (3) an execution after prolonged confinement does not further the penological
goals of deterrence and retribution; and (4) an execution after prolonged confinement is inconsistent with international norms.