Digital Commons Network^™

Sawyer V. Smith 110 S. Ct. 2822, 111 L.Ed.2d 193 (1990)

Capital Defense Journal

No abstract provided.

Death By Lottery--Procedural Bar Of Constitutional Claims In Capital Cases Due To Inadequate Representation Of Indigent Defendants, Stephen B. Bright

West Virginia Law Review

No abstract provided.

Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan

Faculty Scholarship

No abstract provided.

Children, The Death Penalty And The Eighth Amendment: An Analysis Of Stanford V. Kentucky, Tanya M. Perfecky

Villanova Law Review

No abstract provided.

Habeas Corpus And The Penalty Of Death, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Expediting Death: Repressive Tolerance And Post-Conviction Due Process Jurisprudence In Capital Cases, Nancy Levit

Faculty Works

The legitimacy of capital punishment has long been intertwined with the integrity of the procedures for its imposition including opportunities for review on appeal and in collateral hearings. Proposed legislation would dramatically abbreviate the habeas process in capital cases. The proposed bills which would accelerate the imposition of death sentences are matched by an increased willingness by courts to employ summary proceedings to expedite habeas procedures. This acceleration in the imposition of death sentences is part of the larger picture in which capital cases receive different and less favorable constitutional treatment than other criminal or civil cases.

This article draws …

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …

Innocence, Federalism, And The Capital Jury: Two Legislative Proposals For Evaluating Post-Trial Evidence Of Innocence In Death Penalty Cases, Eric M. Freedman

Hofstra Law Faculty Scholarship

No one favors the execution of an innocent person. That event represents the ultimate failure of the justice system, both in the view of those who consider the risk of such a failure to be so intolerable as to constitute a reason for abolishing capital punishment altogether and in the view of those who consider it to be an acceptable cost of an otherwise desirable institution.

Yet the danger of wrongful execution is chillingly real. Whether one gains insight from scholarly studies current judicial proceedings or by experiencing the intensity of community pressures to convict someone – anyone - of …

The Lucas Court And Capital Punishment: The Orginial Understanding Of The Special Circumstances, John W. Paulos

Santa Clara Law Review

No abstract provided.