Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Aedpa (1)
- Aggravating (1)
- Antiterrorism (1)
- Atkins (1)
- Capital punishment (1)
-
- Child pornography (1)
- Clemency (1)
- Commutation (1)
- Cruel and unusual punishment (1)
- Death penalty (1)
- Effective assistance (1)
- Eighth amendment (1)
- Furman (1)
- Ineffective assistance (1)
- Innocence (1)
- Juvenile justice (1)
- Mitigating (1)
- Proportionality (1)
- Roper (1)
- Sixth amendment (1)
- Strickland (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Journal Articles
This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided …
The Supreme Court And The Politics Of Death, Stephen F. Smith
The Supreme Court And The Politics Of Death, Stephen F. Smith
Journal Articles
This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …
Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith
Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith
Journal Articles
Even though Professor Leary and I are united in the goal of protecting children against sexual exploitation, we part company on the proper societal response to the problem of self-produced child pornography. In my view, children who produce and distribute pornographic images of themselves ordinarily should not be regarded as proper objects of punishment. In this context, child protective services, backed up if necessary by the threat of criminal prosecution, is a much more appropriate way of reforming minors and protecting them against the serious dangers to which they expose themselves by creating and distributing pornographic images of themselves. A …