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In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson Nov 2003

In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson

Northern Illinois University Law Review

In Ring v. Arizona, 536 U.S. 584 (2002), the United States Supreme Court struck down the state of Arizona's death penalty procedure as violative of the Sixth Amendment's right to trial by jury. The Ring case is noteworthy because the Supreme Court upheld the identical procedure under the same constitutional provision twelve years earlier in Walton v. Arizona, 497 U.S. 639 (1990). The Ring case raises a serious constitutional issue because the high Court reaffirmed its decision upholding Arizona's death penalty procedure twice during those twelve years. The issue is this: what recourse does the state of Arizona have against …


Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis Oct 2003

Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis

The Journal of Appellate Practice and Process

No abstract provided.


The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman Oct 2003

The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman

The Journal of Appellate Practice and Process

No abstract provided.


Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel Oct 2003

Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel

The Journal of Appellate Practice and Process

No abstract provided.


Death Row And The Cancer Ward, J. Thomas Sullivan Apr 2003

Death Row And The Cancer Ward, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.


Criminal Law: The Oklahoma Court Of Criminal Appeals' Procedural And Substantive Application Of Ring V. Arizona To Oklahoma's Capital Sentencing Scheme, Seth S. Branham Jan 2003

Criminal Law: The Oklahoma Court Of Criminal Appeals' Procedural And Substantive Application Of Ring V. Arizona To Oklahoma's Capital Sentencing Scheme, Seth S. Branham

Oklahoma Law Review

No abstract provided.


A Healer Or An Executioner - The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin Jan 2003

A Healer Or An Executioner - The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin

Journal of Law and Health

This article argues that despite the benefits of ridding the criminal justice system of some uncertainty and ignorance with respect to mental health issues, the very close involvement of psychiatrists in the criminal justice system as practiced in the United States is not only illogical and bad policy, but also unethical from the viewpoint of medical ethics. Part II of this article will lay the groundwork for the argument by discussing the history of the insanity defense, and of science's involvement with criminal justice; while Part III, will look into the association of science and the administration of justice in …


Nothing Less Than The Dignity Of Man: Evolving Standards, Botched Executions And Utah's Controversial Use Of The Firing Squad , Christopher Q. Cutler Jan 2003

Nothing Less Than The Dignity Of Man: Evolving Standards, Botched Executions And Utah's Controversial Use Of The Firing Squad , Christopher Q. Cutler

Cleveland State Law Review

While outrage boils to the surface when Utah uses its firing squad option, there is little substantive legal development concerning the firing squad's use. Few cases have challenged the firing squad's constitutionality. This article discusses the legal and political implications of the firing squad. Using the Supreme Court's everdeveloping Eighth Amendment jurisprudence as a guide, this article discusses whether the firing squad, both historically and in its present application, passes constitutional muster. Beyond those factors that trigger constitutional protection, this article discusses those elements of the firing squad's use which define society's humanity and demonstrate our dignity. In the end, …