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Articles 1 - 12 of 12
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The Supreme Court And The Politics Of Death, Stephen F. Smith
The Supreme Court And The Politics Of Death, Stephen F. Smith
Stephen F. Smith
This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …
The Rehnquist Court And Criminal Procedure, Stephen F. Smith
The Rehnquist Court And Criminal Procedure, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith
Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Cultural Change And "Catholic Lawyers", Stephen Smith
Cultural Change And "Catholic Lawyers", Stephen Smith
Stephen F. Smith
No abstract provided.
Proportional Mens Rea, Stephen F. Smith
Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith
Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith
Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Proportionality And Federalization, Stephen F. Smith
Proportionality And Federalization, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Response To Michael Sandel, Stephen F. Smith
Localism And Capital Punishment, Stephen F. Smith
Localism And Capital Punishment, Stephen F. Smith
Stephen F. Smith
Professor Adam Gershowitz presents an interesting proposal to transfer from localities to states the power to enforce the death penalty. In his view, state-level enforcement would result in a more rationally applied death penalty because states would be much more likely to make capital charging decisions based on desert, without the distorting influence of the severe resource constraints applicable to all but the wealthiest of localities. As well conceived as Professor Gershowitz’s proposal is, however, I remain skeptical that statewide enforcement of the death penalty would be preferable to continued local enforcement. First, Professor Gershowitz underestimates the benefits of localism …
Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith
Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Taking Strickland Claims Seriously, Stephen F. Smith
Taking Strickland Claims Seriously, Stephen F. Smith
Stephen F. Smith
Every criminal defendant is promised the right to the effective assistance of counsel. Whether at trial or first appeal of right, due process is violated when attorney negligence undermines the fairness and reliability of judicial proceedings. That, at least, is the black-letter law articulated in Strickland v. Washington, 466 U.S. 688 (1984). In practice, however, the right to effective representation has meant surprisingly little over the last two decades. Under the standards that emerged from Strickland, scores of defendants have received prison or death sentences by virtue of serious unprofessional errors committed by their attorneys.
This Essay canvasses a line …