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Articles 1 - 13 of 13

Full-Text Articles in Law

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson Dec 2000

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson

Cornell Law Faculty Publications

Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious ...


Opining On Death: Witness Sentence Recommendations In Capital Trials, Wayne A. Logan May 2000

Opining On Death: Witness Sentence Recommendations In Capital Trials, Wayne A. Logan

Scholarly Publications

Despite the Supreme Court's command that capital prosecutions be free of undue arbitrary and capricious influences, the trials themselves are becoming increasingly emotional and personalized. This Article addresses a key outgrowth of this evolution: the increasingly common practice of witnesses opining on whether a defendant should be put to death, despite the Court's apparent prohibition of such testimony. The Article addresses why this practice is likely to continue, and advances several reasons why the Supreme Court should impose an unequivocal bar on sentence opinion, testimony in capital trials.

Fish not, with this melancholy bait,
For this fool gudgeon ...


The Emotional Economy Of Capital Sentencing, Stephen P. Garvey Apr 2000

The Emotional Economy Of Capital Sentencing, Stephen P. Garvey

Cornell Law Faculty Publications

You often hear that one reason capital jurors condemn capital defendants is that jurors don't empathize with defendants. And one reason they don't empathize is that the process of capital sentencing is rigged against empathy. Using data from the South Carolina segment of the Capital Jury Project, I try to examine the role emotion plays in capital sentencing.

Without entering here all the important and necessary caveats, I find that the self-reported emotional responses jurors have toward capital defendants run the gamut from sympathy and pity at one extreme, to disgust, anger, and fear at the other. What ...


Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus Mar 2000

Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus

Cornell Law Faculty Publications

In Weeks v. Angelone, 528 U.S. 225 (2000), the members of the capital sentencing jury asked for clarification of the jury instructions on the essential question of whether they were required to sentence Weeks to death upon the finding of certain aggravating factors. The judge merely informed the jurors to reread the instruction. The jurors returned with a death penalty sentence. The Supreme Court held that these jurors likely understood the instructions and at most Weeks had shown a slight possibility that the jurors believed they were precluded from considering mitigating evidence. However, the results of a mock jury ...


Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding Jan 2000

Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding

Law Faculty Scholarly Articles

The purpose of this article is to identify, describe, and analyze the historic and contemporary connection between the practices of capital punishment and human sacrifice. After describing how human sacrifice constitutes an integral component of capital punishment, it will be argued that the institutionalization of this antiquated barbaric ritual, vis-a-vis the use of capital punishment, renders the present use of the death penalty in the United States incompatible with "the evolving standards of decency that mark the progress of a maturing society"; and that consequently, this facet of capital punishment renders the penalty at odds with the Eighth Amendment's ...


Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross Jan 2000

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross

Other Publications

Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.


The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley Jan 2000

Adieu To Electrocution, Deborah W. Denno Jan 2000

Adieu To Electrocution, Deborah W. Denno

Faculty Scholarship

This Article contends that there is no moral or legal reason to retain electrocution, particularly because other execution methods are available. It is clear that at some point soon, electrocution will no longer exist in this country and, as a result, throughout the world. By eliminating this perplexing vestige, the other problems with the death penalty may appear all that more offensive.


Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer Jan 2000

Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer

Journal Articles

But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers ...


Crossing The Line: Rape-Murder And The Death Penalty, Phyllis L. Crocker Jan 2000

Crossing The Line: Rape-Murder And The Death Penalty, Phyllis L. Crocker

Law Faculty Articles and Essays

When a woman is raped and then murdered, it is among the most horrifying of crimes. It is also, often, among the most sensational, notorious, and galvanizing of cases. In 1964, Kitty Genovese was raped and murdered in Queens, New York. Her murder sparked soul-searching across the country because her neighbors heard her cries for help and did not respond: it made us question whether we had become an uncaring people. During the 1970s and 80s a number of serial killers raped and murdered their victims: including Ted Bundy in Florida and William George Bonin, the “Freeway Killer,” in Southern ...


When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson Jan 2000

When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson

All Faculty Scholarship

Since the return of capital punishment after Furman v. Georgia nearly three decades ago, the Supreme Court of the United States has struggled to control the administration of capital punishment when those decisions are made or recommended by a citizen jury. Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have ...


Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler Jan 2000

Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.


Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann Jan 2000

Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.