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Full-Text Articles in Law
"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey
"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey
Cornell Law Faculty Publications
Our constitutional law of capital sentencing does not understand Shakespeare's "gentle rain from heaven." Mercy confuses and befuddles it. The jury that sentenced Albert Brown to death was instructed that "'mere ... sympathy"' should not play on its judgment. Brown claimed this instruction violated his Eighth Amendment rights, but the Supreme Court disagreed. Some five years later, Justice Scalia dissented when the Court reversed Derrick Morgan's death sentence. According to Justice Scalia, the Court had held that no "merciless" juror could sit in judgment of a capital defendant. The Constitution, he thought, demanded no such thing. These dissents, one embracing …
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Indiana Law Journal
No abstract provided.
Toward The Abolition Of The Death Penalty, Shigemitsu Dando
Toward The Abolition Of The Death Penalty, Shigemitsu Dando
Indiana Law Journal
This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.
A (Genuinely) Modest Proposal Concerning The Death Penalty, Craig M. Bradley
A (Genuinely) Modest Proposal Concerning The Death Penalty, Craig M. Bradley
Indiana Law Journal
No abstract provided.
An Economic Analysis Of The Death Penalty, Martin Kasten
An Economic Analysis Of The Death Penalty, Martin Kasten
University Avenue Undergraduate Journal of Economics
From an economic perspective, society should only use capital punishment if the marginal benefits outweigh the marginal costs. In the course of analyzing the economic efficiency of capital punishment, and before providing any recommendations, both the benefits and costs of the death penalty must be evaluated. Since the death penalty has been implemented for centuries, many people believe its benefits outweigh its costs. The evaluation of benefits in Part II will be compared to the costs assessed in Part III to determine if this long held assertion is correct.
A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan
A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan
Susan Raeker-Jordan