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Full-Text Articles in Law
Sentence For The Damned: Using Atkins To Understand The “Irreparable Corruption” Standard For Juvenile Life Without Parole, Zachary Crawford-Pechukas
Sentence For The Damned: Using Atkins To Understand The “Irreparable Corruption” Standard For Juvenile Life Without Parole, Zachary Crawford-Pechukas
Washington and Lee Law Review
This Note suggests that guidance should be drawn from the Supreme Court’s death penalty jurisprudence regarding the execution of intellectually disabled offenders. Atkins v. Virginia paved the way for the juvenile sentencing cases as the Supreme Court for the first time found that, under the Eighth Amendment, a selected class of offenders—the intellectually disabled — were not eligible for the state’s harshest penalty—the death penalty— because of their diminished culpability. Atkins similarly left the state courts to figure out how to decide whether an individual offender met this amorphous standard, “intellectually disabled.” As state courts grappled with this standard and …
The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer
The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer
Washington and Lee Law Review
No abstract provided.
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher
Washington and Lee Law Review
Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty years of death row incarceration is unconstitutional. Nearly every lower court disagrees, reasoning that prisoners have the choice of pursuing appellate and collateral review (with the delay that entails) or crafting the perfect remedy to any delay by submitting, as Justice Thomas has invited complaining …
Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn
Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn
Washington and Lee Law Review
No abstract provided.
The Prior Convictions Exception—A Comment, Matthew Engle
The Prior Convictions Exception—A Comment, Matthew Engle
Washington and Lee Law Review
No abstract provided.
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Unconstitutional Judicial Sentences
Unconstitutional Judicial Sentences
Washington and Lee Law Review
No abstract provided.