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Full-Text Articles in Law
Lonchar V. Thomas 116 S. Ct. 1293 (1996) United States Supreme Court
Lonchar V. Thomas 116 S. Ct. 1293 (1996) United States Supreme Court
Capital Defense Journal
No abstract provided.
The Incredible Shrinking Writ: Habeas Corpus Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Jeanne-Marie S. Raymond
The Incredible Shrinking Writ: Habeas Corpus Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Jeanne-Marie S. Raymond
Capital Defense Journal
No abstract provided.
Introduction, William S. Geimer, Scott E. Sundby
Introduction, William S. Geimer, Scott E. Sundby
Capital Defense Journal
No abstract provided.
Turner V. Jabe 58 F.3d 924 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Turner V. Jabe 58 F.3d 924 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Townes V. Murray 68 F.3d 84 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Townes V. Murray 68 F.3d 84 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
The “Midnight Assassination Law” And Minnesota’S Anti-Death Penalty Movement, John Bessler
The “Midnight Assassination Law” And Minnesota’S Anti-Death Penalty Movement, John Bessler
All Faculty Scholarship
This article traces the history of Minnesota's anti-death penalty movement and the 1889 Minnesota law - dubbed by contemporaries as the "midnight assassination law" - requiring private, nighttime executions. That law, authored by Minnesota legislator John Day Smith, restricted the number of execution spectators, prohibited newspapers from printing any execution details, and provided that only the fact of the execution could be lawfully printed. Also commonly referred to as the "John Day Smith law," this Minnesota statute was challenged as being unconstitutional by Minnesota newspapers after those newspapers printed details of a botched hanging and were charged with violating the …
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Faculty Scholarship
Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.
Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …