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Full-Text Articles in Law
Penalizing And Chilling An Indigent's Exercise Of The Right To Appointed Counsel For Misddemeanors, Russell Christopher
Penalizing And Chilling An Indigent's Exercise Of The Right To Appointed Counsel For Misddemeanors, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
From the Symposium: Fifty Years of Gideon: The Past, Present, and Future of the Right to Counsel.
Death Delayed Is Retribution Denied, Russell Christopher
Death Delayed Is Retribution Denied, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
Does death row incarceration for upwards of thirty years or more impermissibly impose the suffering of additional punishment or permissibly bestow the benefit of death delayed and thus the enjoyment of life extended? Most commentators conceive of it as an unconstitutional additional punishment that is either cruel and unusual or disproportionally excessive. Most courts construe it as a constitutional nonpunishment that the death row prisoner opts for and benefits from. Sparking a long-running debate at the Supreme Court, Justices Stevens and Breyer view prolonged death row incarceration as unconstitutional additional punishment. Terming their view as “meritless” and “a mockery of …