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Full-Text Articles in Law
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Lee Kovarsky
I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …
Punishment Without Culpability, John F. Stinneford
Punishment Without Culpability, John F. Stinneford
UF Law Faculty Publications
For more than half a century, academic commentators have criticized the Supreme Court for failing to articulate a substantive constitutional conception of criminal law. Although the Court enforces various procedural protections that the Constitution provides for criminal defendants, it has left the question of what a crime is purely to the discretion of the legislature. This failure has permitted legislatures to evade the Constitution’s procedural protections by reclassifying crimes as civil causes of action, eliminating key elements (such as mens rea) or reclassifying them as defenses or sentencing factors, and authorizing severe punishments for crimes traditionally considered relatively minor.
The …
The Indigent Defense Crisis, Richard Klein, Robert Spangenberg
The Indigent Defense Crisis, Richard Klein, Robert Spangenberg
Richard Daniel Klein
No abstract provided.
Neuroscience And Post-Sentence Civil Commitment: A Response To Professors Erickson And Goldberg, Adam Lamparello
Neuroscience And Post-Sentence Civil Commitment: A Response To Professors Erickson And Goldberg, Adam Lamparello
Adam Lamparello
Our knowledge of human behavior, particularly when it comes to assessing what a person may do in the future, continues to develop. Neuroscience has provided insight into whether a person is likely to engage in further acts of violence. It is important to proceed cautiously, but to proceed nonetheless, because contemporary efforts to uncover the biological roots of violence have much more promise than their predecessors.