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- Adam M. Gershowitz (12)
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Articles 1 - 30 of 43
Full-Text Articles in Law
The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron
The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron
Neal E. Devins
No abstract provided.
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Paul Marcus
No abstract provided.
Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus
Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus
Paul Marcus
No abstract provided.
Capital Punishment In The United States, And Beyond, Paul Marcus
Capital Punishment In The United States, And Beyond, Paul Marcus
Paul Marcus
This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Linda A. Malone
Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for …
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone
Linda A. Malone
The Supreme Court’s jurisprudence regarding the death penalty, whether or not cruel, has most certainly been unusual in the annals of criminal punishment. In the short span of four years, the Court foreclosed and then reopened this form of punishment in Furman v. Georgia and Gregg v. Georgia. One year later the Court would categorically exclude the punishment for the rape of an adult. Five years later the Court would again preclude the punishment, for any defendant convicted of felony-murder who did not participate or share in the homicidal act or intent. In 1986 the Court would struggle with …
From Breard To Atkins To Malvo: Legal Incompetency And Human Rights Norms On The Fringes Of The Death Penalty, Linda A. Malone
From Breard To Atkins To Malvo: Legal Incompetency And Human Rights Norms On The Fringes Of The Death Penalty, Linda A. Malone
Linda A. Malone
No abstract provided.
The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz
The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz
The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz
Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz
Adam M. Gershowitz
This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Post-Trial Pleas Bargaining In Capital Cases: Using Conditional Commutations To Remove Weak Cases From Death Row, Adam M. Gershowitz
Post-Trial Pleas Bargaining In Capital Cases: Using Conditional Commutations To Remove Weak Cases From Death Row, Adam M. Gershowitz
Adam M. Gershowitz
Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Judge's Ill-Timed Ruling Invites Irrationality In Public's Views About Capital Punishment, Adam M. Gershowitz
Judge's Ill-Timed Ruling Invites Irrationality In Public's Views About Capital Punishment, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Adam M. Gershowitz
Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability of bail, prosecutorial discovery obligations, and jury trial guarantees, Texas affords protections vastly in excess of what is required by the United States Constitution. Even more shocking, these criminal procedure guarantees come almost entirely from Texas statutes approved by the legislature, not activist rules imposed by judges. This Article explores Texas's reputation as a tough-on-crime state and the seeming inconsistency between Texas being tough on …
Get In The Game Or Get Out Of The Way: Fixing The Politics Of Death, Adam M. Gershowitz
Get In The Game Or Get Out Of The Way: Fixing The Politics Of Death, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz
Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
An Ntsb For Capital Punishment, Adam M. Gershowitz
An Ntsb For Capital Punishment, Adam M. Gershowitz
Adam M. Gershowitz
When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …
Introduction: Death Penalty And International Law, Davison M. Douglas
Introduction: Death Penalty And International Law, Davison M. Douglas
Davison M. Douglas
No abstract provided.
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
Davison M. Douglas
In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
James W. Ellis
No abstract provided.
Inheriting The Wind: The Supreme Court And Capital Punishment In The 1990s, Franklin E. Zimring
Inheriting The Wind: The Supreme Court And Capital Punishment In The 1990s, Franklin E. Zimring
Franklin E. Zimring
No abstract provided.
Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger
Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger
Robert M. Sanger
Capital Punishment Reforms In Illinois: Comparing The Views Of Police, Prosecutors, And Public Defenders, Robert M. Lombardo Assistant Professor
Capital Punishment Reforms In Illinois: Comparing The Views Of Police, Prosecutors, And Public Defenders, Robert M. Lombardo Assistant Professor
Robert M. Lombardo
Abstract Following a 2000 moratorium on executions, the Governor’s Commission on Capital Punishment was created to study the use of the death penalty in Illinois. As a result of this effort, comprehensive legislation was enacted to reform the Illinois death penalty system. The Illinois legislature also created a Capital Punishment Reform Study Committee (CPRSC) to gauge the implementation and impact of the reforms. Working with the CPRSC, the authors’ surveyed 413 Illinois police departments, 102 Illinois State’s Attorneys Offices, and all 99 Public Defender’s Offices in an effort to determine the extent to which criminal justice agencies have implemented the …
Reflections On Justice John Paul Stevens's Concurring Opinion In Baze V. Rees: A Fifth Gregg Justice Renounces Capital Punishment, Elisabeth Semel
Reflections On Justice John Paul Stevens's Concurring Opinion In Baze V. Rees: A Fifth Gregg Justice Renounces Capital Punishment, Elisabeth Semel
Elisabeth Semel
No abstract provided.
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
Sheri Lynn Johnson
No abstract provided.
What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, Donald L. Beschle
What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, Donald L. Beschle
Donald L. Beschle
No abstract provided.
The Unexamined Death Penalty: Capital Punishment And Reform Of The Model Penal Code, Franklin E. Zimring
The Unexamined Death Penalty: Capital Punishment And Reform Of The Model Penal Code, Franklin E. Zimring
Franklin E. Zimring
No abstract provided.
Capital Punishment And Capital Murder: Market Share And The Deterrent Effects Of The Death Penalty, Jeffrey Fagan, Franklin E. Zimring, Amanda Geller
Capital Punishment And Capital Murder: Market Share And The Deterrent Effects Of The Death Penalty, Jeffrey Fagan, Franklin E. Zimring, Amanda Geller
Franklin E. Zimring
No abstract provided.