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Full-Text Articles in Law

Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Apr 1996

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 ...


Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke Jan 1996

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke

University of Richmond Law Review

The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.