Louisiana’s 1974 Constitution represented a landmark expansion of constitutional rights in a state marred by a legacy of racial subordination and repression of civil liberties. Its provision for the Right to Humane Treatment in Article I, Section 20 sought to achieve this noble aim by prohibiting euthanasia, torture, and cruel, excessive, or unusual punishment—deliberately exceeding the safeguards of the federal Constitution. As with all of the 1974 Constitution’s protections, the Humane Treatment provision was intended to be expansively construed and applied by an independent state judiciary in order to uphold the dignity of all Louisianians. But despite the provision’s expansive language and the unique cultural and historical moment that produced it, Louisiana courts have failed to enforce its protections, particularly with respect to capital punishment. The magnitude of this failure is heightened when situated within Louisiana’s long path towards equal justice under law, a history that underscores the state judiciary’s critical role in fulfilling the 1974 Constitution’s promise. Louisiana courts must embrace their duty to independently interpret and enforce state constitutional protections, renewing their commitment to the principles of human dignity and justice underpinning the 1974 Constitution, and fulfilling their mandate to protect the rights of all Louisianians.
Volume 174 Issue 4 2026 Comment Constitutional Law; Criminal Law;