Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Introduction, William S. Geimer
Burden V. Zant 114 S. Ct. 654 (1994)
Introduction, William S. Geimer
Spencer V. Murray (Spencer H) 18 F. 3d 229 (4th Cir. 1994)
Spencer V. Murray (Spencer H) 18 F. 3d 229 (4th Cir. 1994)
Capital Defense Journal
No abstract provided.
Overlooked Victories: Techniques For Negotiating Non-Capital Outcomes, Lesley Meredith James
Overlooked Victories: Techniques For Negotiating Non-Capital Outcomes, Lesley Meredith James
Capital Defense Journal
No abstract provided.
To Attain The Ends Of Justice: Confronting Virginia's Default Rules In Capital Cases, Michael A. Groot
To Attain The Ends Of Justice: Confronting Virginia's Default Rules In Capital Cases, Michael A. Groot
Capital Defense Journal
No abstract provided.
An Introduction To Post-Conviction Remedies, Practice And Procedure In South Carolina, John H. Blume
An Introduction To Post-Conviction Remedies, Practice And Procedure In South Carolina, John H. Blume
Cornell Law Faculty Publications
The purpose of this article is to discuss various aspects of an inmate's available post-conviction remedies in South Carolina. Very little has been written about this topic, perhaps because post-conviction is considered by many to be the "redheaded stepchild of the legal system." Despite the importance of post-conviction remedies as a safeguard against unjust, unconstitutional, and erroneous confinements, this systemic devaluing of the importance of the post-conviction process is widespread. Convicted persons in South Carolina raising post-conviction challenges rely almost exclusively on appointed counsel, most of whom have little experience in this area of the law. Counsels' enthusiasm for the …
Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno
Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno
Faculty Scholarship
This Article provides the Eighth Amendment analysis of electrocution that the courts thus far have not approached. The analysis has two parts. The first inquires whether, according to available scientific evidence, electrocution amounts to cruel and unusual punishment even if it is administered as planned. The second inquires whether, in light of the frequency with which electrocutions are botched, continuing the practice amounts to cruel and unusual punishment even if the properly administered electrocution would not.
Depravity Thrice Removed: Using The 'Heinous, Cruel, Or Depraved' Factor To Aggravate Convictions Of Nontriggermen Accomplices In Capital Cases, Richard W. Garnett
Depravity Thrice Removed: Using The 'Heinous, Cruel, Or Depraved' Factor To Aggravate Convictions Of Nontriggermen Accomplices In Capital Cases, Richard W. Garnett
Journal Articles
In Tison v. Arizona, the Tison brothers' appeal from their death sentences, the U.S. Supreme Court held that a nontriggerman convicted of first-degree felony murder could constitutionally be executed if he was a major participant in the crime and if he exhibited a reckless disregard for human life. This decision blurred the bright-line rule announced just five years earlier in Enmund v. Florida, which limited the death penalty to defendants who kill, attempt to kill, or at least intend to kill. Tison thus dramatically increased the exposure of nontriggermen to capital punishment, undercutting the death penalty's limited purpose of identifying …