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Full-Text Articles in Law
All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes
All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes
Michigan Law Review
A review of Carol S. Steiker and Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment.
Missing Mcveigh, Michael E. Tigar
Missing Mcveigh, Michael E. Tigar
Michigan Law Review
The bombing that killed at least 169 people became an event by which time was thereafter measured — at least in Oklahoma. Ninety minutes after the bombing, a state trooper arrested Timothy McVeigh on a traffic charge; within hours, he was linked to the bombing, and the legal process began. Terry Nichols, who had met McVeigh when they were in the army together, was arrested in Herington, Kansas, where he lived with his wife and daughter. The Tenth Circuit chief judge designated Richard Matsch, chief judge for the District of Colorado, to preside over the case. Judge Matsch came to …
The Banality Of Wrongful Executions, Brandon L. Garrett
The Banality Of Wrongful Executions, Brandon L. Garrett
Michigan Law Review
What is so haunting about the known wrongful convictions is that those cases are the tip of the iceberg. Untold numbers of unnoticed errors may send the innocent to prison — and to the death chamber. That is why I recommend to readers a trilogy of fascinating new books that peer deeper into this larger but murkier problem. Outside the rarified group of highly publicized exonerations, which have themselves done much to attract attention to the causes of wrongful convictions, errors may be so mundane that no one notices them unless an outsider plucks a case from darkness and holds …
The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker
The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker
Michigan Law Review
To make the case for the proposed changes, I will first describe briefly in Parts I and II the structure of pre- and post-Furman capital decisiorurtaking and the weaknesses of those approaches. I then will set forth in Part III the specific rationales for each proposed reform.
The scheme I propose raises a significant constitutional question. Can the death penalty be retained as a punishment if we abandon the pretense of providing meaningful guidance through detailed sentencing instructions? Would the reestablishment of relatively unstructured penalty phase deliberations similar to, but also importantly different from, those characteristic of pre-Furman …
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Michigan Law Review
A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868
Capital Punishment's Future, Welsh S. White
Capital Punishment's Future, Welsh S. White
Michigan Law Review
A Review of Capital Punishment in America by Raymond Paternoster
The Death Penalty In The Nineties: An Examination Of The Modern System Of Capital Punishment, Thomas L. Shaevsky
The Death Penalty In The Nineties: An Examination Of The Modern System Of Capital Punishment, Thomas L. Shaevsky
Michigan Law Review
A Review of The Death Penalty in the Nineties: An Examination of the Modern System of Capital Punishment by Welsh S. White
Capital Punishment And The American Agenda, John Pierce Stimson
Capital Punishment And The American Agenda, John Pierce Stimson
Michigan Law Review
A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Michigan Law Review
This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …
The Capital Punishment Conundrum, Eric Schnapper
The Capital Punishment Conundrum, Eric Schnapper
Michigan Law Review
A Review of Life in the Balance: Procedural Safeguards in Capital Cases by Welsh S. White
Capital Punishment: For Or Against, Jan Gorecki
Capital Punishment: For Or Against, Jan Gorecki
Michigan Law Review
A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad
Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review
Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review
Michigan Law Review
A Review of Capital Punishment: Criminal Law and Social Evolution by Jan Gorecki
The Death Penalty In America, Michigan Law Review
The Death Penalty In America, Michigan Law Review
Michigan Law Review
A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Michigan Law Review
A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
For Capital Punishment, Michigan Law Review
For Capital Punishment, Michigan Law Review
Michigan Law Review
A Book Notice about For Capital Punishment by Walter Berns
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Michigan Law Review
Defendant, a physician, was accused of the murder of his cancer-ridden patient by the injection of 40 c.c. of air into a vein of the patient's arm shortly before her death. The defendant had noted on the patient's medical chart the fact of the injection and that of her death, apparently a few minutes later. He subsequently dictated the same facts to his nurse, and later made similar admissions to local enforcement authorities and others making such statements on the day of his arrest and immediately thereafter. At the trial, a pathologist, called as an expert witness on behalf of …
Mild Punishments, Robert Mcmurdy
Mild Punishments, Robert Mcmurdy
Michigan Law Review
If life, freedom, or hope be taken from man, he is ashes. Therefore we ought not to take away any of them lightly. But some, restraint or punishment is necessary. We often miss our aim, however,'by prescribing punishments that are too severe, whereupon human nature revolts, so that it is "impossible to combine certainty with severity," a lesson we have long since learned from the experience of England.