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Full-Text Articles in Law
The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding
The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding
Law Faculty Scholarly Articles
The objective of this article is to examine this issue by formulating an analytical framework for determining when methods of execution constitute cruel and unusual punishment. This task is accomplished Part II by briefly tracing the historical evolution of the Eighth Amendment's Cruel and Unusual Punishments Clause. Part III examines the prohibition's core components. Part IV reviews the traditional and modem interpretations of cruel and unusual punishment as applied to the methods of capital punishment, and assesses the standard with which to determine whether a specific method of execution comports with the present interpretation of cruel and unusual punishment as …
Celluloid Death: Cinematic Depictions Of Capital Punishment, Roberta M. Harding
Celluloid Death: Cinematic Depictions Of Capital Punishment, Roberta M. Harding
Law Faculty Scholarly Articles
This essay will examine how two filmmakers used the cinema to investigate death penalty issues through the films Dead Man Walking and Last Light. These films were selected because of their similarities: capital punishment is the central theme of both films; the presence of a strong principal character who is the condemned inmate; the utilization of a character who undergoes a spiritual transformation due to interaction with the condemned inmate; the decision to have this character facilitate the humanization of the condemned individual; and the additional role this character plays as the audiences' conscience. There are, however, differences in the …
Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Cornell Law Faculty Publications
The law allows executioners to deny responsibility for what they have done by making it possible for them to believe they have not done it. The law treats members of capital sentencing juries quite differently. It seeks to ensure that they feel responsible for sentencing a defendant to death. This differential treatment rests on a presumed link between a capital sentencer's willingness to accept responsibility for the sentence she imposes and the accuracy and reliability of that sentence. Using interviews of 153 jurors who sat in South Carolina capital cases, this article examines empirically whether capital sentencing jurors assume responsibility …
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Scholarly Works
No abstract provided.
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Articles
No abstract provided.
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Faculty Scholarship
Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.
Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …
Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross
Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross
Articles
I'd like to offer a few words in response to Professor Polsby's articulate, forceful and amusing essay in favor of capital punishment.