Abstract
Physical liberty is the most fundamental of all constitutional rights. Yet the Supreme Court has continued to employ rational basis review of criminal sentencing rather than ensure that prison terms are narrowly tailored to meet a compelling state interest. Properly scrutinized, mandatory sentencing regimes, extremely long sentences, and boilerplate parole and probation conditions would all be unconstitutional. The result would be a significantly reduced prison population.
How to Cite
68 Ariz. L. Rev. 197 (2026).
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