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Criminal Procedure

1996

Death Penalty

Articles 1 - 4 of 4

Full-Text Articles in Law

"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey Jul 1996

"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 ...


Mccleskey V. Kemp, Randall Coyne Dec 1995

Mccleskey V. Kemp, Randall Coyne

Randall Coyne

No abstract provided.


If You Don't Have Capital, You're Sure Gonna Get Some Punishment, Randall Coyne Dec 1995

If You Don't Have Capital, You're Sure Gonna Get Some Punishment, Randall Coyne

Randall Coyne

No abstract provided.


Report Regarding The Implementation Of The American Bar Association's Recommendations And Resolutions Concerning The Death Penalty And Calling For A Moratorium On Executions, Randall T. Coyne, Lyn Entzeroth Dec 1995

Report Regarding The Implementation Of The American Bar Association's Recommendations And Resolutions Concerning The Death Penalty And Calling For A Moratorium On Executions, Randall T. Coyne, Lyn Entzeroth

Randall Coyne

No abstract provided.