Ross, Justice Robert Berdon concluded that the death penalty was unconstitutional under the Connecticut Constitution based on arguments raised in Anderson and Watson, namely its unacceptability to contemporary society, lack of a legitimate penological
purpose, unreliability, arbitrary and racially discriminatory application, and barbarity--particularly given long delays between sentencing and execution.
The Court thus concluded that "[t]he restrictions were reasonably related to legitimate penological
The Court has held that there must be a penological
The subjective views of prison officials may justify the denial of care, if based on "legitimate, penological
that there is a penological
interest in limiting inmate's
24) Under the standard established by the Court--the Turner test--a prison regulation that impinges on inmates' constitutional rights "is valid if it is reasonably related to legitimate penological
He found that the abolition of juvenile executions in a majority of states (thirty-one), including the recent abolition of the juvenile death penalty by seven states, and the infrequency with which state courts actually issued the sentence, evinced a national consensus that executing juveniles was a disproportionate punishment and could not be justified by traditional penological
question advances a traditional penological
goal or is "nothing
Early American courts also prohibited prolonged death row incarceration, instead advocating for the "swift infliction of the death penalty to further penological
goals and to prevent the condemned prisoner from suffering unnecessarily.
The Court decided that a regulation that curtails fundamental constitutional rights can be upheld only if the restriction is "reasonably related to penological
In Prison State, Bert Useem and Anne Morrison Piehl take on the social and penological
critiques and alarms over the increase of imprisonment in the US.
The plurality concluded that a state's "refusal to change its method [of execution] can be viewed as cruel and unusual" only if the state, "without a legitimate penological
justification, rejects an alternative method that is feasible and readily available and that would significantly reduce a substantial risk of severe pain.