Law Commons^™

Getting Jurors To Awesome, Cortney E. Lollar

Law Faculty Scholarly Articles

A 2011 American Bar Association report on the death penalty in Kentucky revealed that a shocking two-thirds of the 78 people sentenced to death in Kentucky since reinstatement of the death penalty in 1976 have had their sentences overturned on appeal. Kentucky’s reversal rate is more than twice the national average, with a 31% reversal rate in capital cases and almost four times the 17% national reversal rate in all other case types. With a sentence as irreversible as death, troubling does not begin to describe the depth of concern many experience when viewing such a startling statistic.

A closer …

Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price

Law Faculty Scholarly Articles

Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …

Informing Capital Juries About Parole: The Effect On Life Or Death Decisions, C. Lindsey Morrill

Kentucky Law Journal

No abstract provided.

Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers

Kentucky Law Journal

No abstract provided.

Capital Punishment: A Model For Reform, Charles E. Glasscock

Kentucky Law Journal

No abstract provided.

In Defense Of Capital Punishment, R. Rees Kinney

Kentucky Law Journal

No abstract provided.

Capital Punishment Reconsidered, William O. Reichert

Kentucky Law Journal

No abstract provided.