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Full-Text Articles in Law
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Cornell Law Faculty Publications
No abstract provided.
Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents And Proponents: A California Sample, Robert J. Robinson
Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents And Proponents: A California Sample, Robert J. Robinson
Pepperdine Law Review
No abstract provided.
Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti
Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti
Pepperdine Law Review
No abstract provided.
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
Criminal Justice, Akhil Reed Amar
Raising The Bar: How Rompilla V. Beard Represents The Court's Increasing Efforts To Impose Stricter Standards For Defense Lawyering In Capital Cases, Whitney Cawley
Pepperdine Law Review
No abstract provided.
Casting A Wider Net: Another Decade Of Legislative Expansion Of The Death Penalty In The United States, Jeffrey L. Kirchmeier
Casting A Wider Net: Another Decade Of Legislative Expansion Of The Death Penalty In The United States, Jeffrey L. Kirchmeier
Pepperdine Law Review
During the last decade, judges, politicians, scholars, and the general public have become troubled about problems with the death penalty in the United States. Also during this time, major studies of the death penalty have recommended a reduction in the number of statutory factors that make one eligible for the death penalty. Despite these concerns, legislatures continue to expand their capital punishment statutes to make more defendants eligible for the death penalty. This Article examines how, during a time of growing concern about innocence and arbitrariness in the death penalty system, a number of legislatures have continued to expand their …
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
Faculty Scholarship
No abstract provided.