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The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker

Michigan Law Review

To make the case for the proposed changes, I will first describe briefly in Parts I and II the structure of pre- and post-Furman capital decisiorurtaking and the weaknesses of those approaches. I then will set forth in Part III the specific rationales for each proposed reform.

The scheme I propose raises a significant constitutional question. Can the death penalty be retained as a punishment if we abandon the pretense of providing meaningful guidance through detailed sentencing instructions? Would the reestablishment of relatively unstructured penalty phase deliberations similar to, but also importantly different from, those characteristic of pre-Furman …

Hell On Trial: The Case For Eternal Punishment (Book Review), Michael Williams

Pro Rege

Reviewed Title: Hell on Trial: The Case for Eternal Punishment, by Robert A. Peterson (Phillipsburg, N. J.: Presbyterian & Reformed) 1995. 246 pages.

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America

Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen

Michigan Law Review

A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868

Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner

Michigan Journal of Gender & Law

Although the legal fictions of coverture and guilty property have been repudiated by statutes and the Court respectively, the Supreme Court implicitly resurrected and fused the coverture and guilty property myths in Bennis v. Michigan. In that decision, the Court approved the forfeiture of Ms. Bennis' interest in a car in which her husband engaged in sexual activity with a prostitute. This Article explores that resurrected conglomerate in three parts. Part I is a concise review of the feudal doctrine of coverture and the disabilities it imposed on married women. Part II focuses almost entirely on the decision in …

Recovery From Halper: The Pain From Additions To Tax Is Not The Sting Of Punishment, Suellen M. Wolfe

Hofstra Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

An Examination Of The Socio-Economic Determinants Of Punishment Using Abductive Polynomial Networks, Farrukh Behzad Hakeem

Dissertations, Theses, and Capstone Projects

The purpose of this research is to examine aspects of the relationship between socio-economic conditions and imprisonment in a particular historical setting. Previous research suggests that this relationship is problematic and situationally variable. The approach taken in this dissertation reflects a belief that earlier studies can be faulted for their failure to take account of the fiscal climate of the state as an influence on the size of prison populations.

This analysis will employ the Marxist model, as developed by Rusche and Kirchheimer (1939) and widely applied (though with mixed results) in research conducted over the last half-century. This model …

On The Abolition Of Man: A Discussion Of The Moral And Legal Issues Surrounding The Death Penalty, Thomas J. Walsh

Cleveland State Law Review

This article examines the moral and practical arguments supporting the death penalty in an effort to show why the United States should join other Western nations in the abolition of the death penalty. First, this article explores the historical context of the death penalty in the United States and examines the current status of constitutional doctrine on the death penalty. Next, because an analysis of the arguments for and against the death penalty are invariably charged with moral issues, an effort will be made to examine the moral aspects of the death penalty. The arguments offered in support of the …

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

Publications

No abstract provided.

An Epilogue To The Age Of Pound, Thomas A. Green

Articles

Doubts about the reality of criminal offenders' autonomy have sometimes played a role in the movement to abolish, or greatly reduce the reach of, the sanction of capital punishment.