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Articles 1 - 14 of 14
Full-Text Articles in Law
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Maine Law Review
In Strickland v. Washington, the United States Supreme Court issued a seminal holding that single-handedly rendered it nearly impossible for a capital defendant to demonstrate that he was the victim of ineffective assistance of counsel at the underlying trial or at sentencing. Indeed, due in substantial part to the fact that "Strickland was not intended to impose rigorous standards on criminal defense attorneys," the Court found ineffective assistance of counsel in only one case over the next sixteen years. Critically, however, during this time, both state and federal courts bore witness to some of the most horrific examples of death …
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
Touro Law Review
No abstract provided.
Wishing Petitioners To Death: Factual Misrepresentations In Fourth Circuit Capital Cases, Sheri Lynn Johnson
Wishing Petitioners To Death: Factual Misrepresentations In Fourth Circuit Capital Cases, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann
Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan
Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan
Faculty Scholarship
In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …
Atkins, Adolescence, And The Maturity Heuristic: Rationales For A Categorical Exemption For Juveniles From Capital Punishment, Jeffrey A. Fagan
Atkins, Adolescence, And The Maturity Heuristic: Rationales For A Categorical Exemption For Juveniles From Capital Punishment, Jeffrey A. Fagan
Faculty Scholarship
In Atkins v. Virginia, the U.S. Supreme Court voted six to three to bar further use of the death penalty for mentally retarded offenders. The Court offered three reasons for banning the execution of the retarded. First, citing a shift in public opinion over the thirteen years since Penry v. Lynaugh, the Court in Atkins ruled that the execution of the mentally retarded is "cruel and unusual punishment" prohibited by the Eighth Amendment. Second, the Court concluded that retaining the death penalty for the mentally retarded would not serve the interest in retribution or deterrence that is essential to capital …
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Publications
No abstract provided.
Speeding In Reverse: An Anecdotal View Of Why Victim Impact Testimony Should Not Be Driving Capital Prosecutions, Sheri Johnson
Speeding In Reverse: An Anecdotal View Of Why Victim Impact Testimony Should Not Be Driving Capital Prosecutions, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Articles by Maurer Faculty
No abstract provided.
Burch V. State: Maintaining The Jury's Traditional Role As The Voice Of The Community In Capital Punishment Cases, Carrie A. Dannenfelser
Burch V. State: Maintaining The Jury's Traditional Role As The Voice Of The Community In Capital Punishment Cases, Carrie A. Dannenfelser
Maryland Law Review
No abstract provided.
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Ake V. Oklaboma, Lewis F. Powell Jr.