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Full-Text Articles in Law
A Modest Proposal: The Aged Of Death Row Should Be Deemed Too Old To Execute, Elizabeth Rapaport
A Modest Proposal: The Aged Of Death Row Should Be Deemed Too Old To Execute, Elizabeth Rapaport
Faculty Scholarship
My exploration of the case for an Eighth Amendment bar against executing the long-serving elderly will begin with a review of the representation of the elderly on Americas death rows and a survey of the very limited avenues of relief currently available to them on the basis of age. I will then discuss the attribution problem by asking at whose door should 'fault' for long delays between condemnation and consummation of a capital sentence be laid--the prisoner, the state, or the working through of due process? For many jurists, attribution of fault is critical to resolving the question of whether …
Capital Punishment, Cultural Competency, And Litigating Intellectual Disability, Jeffrey Omar Usman
Capital Punishment, Cultural Competency, And Litigating Intellectual Disability, Jeffrey Omar Usman
Law Faculty Scholarship
In an illuminating 2008 article in the Hofstra Law Review, Scharlette Holdman and Christopher Seeds helped to bring the concept of culturally competency much needed attention in the field of capital litigation. They presented a view of cultural competency as “at root a collection of knowledge, abilities, and skills.” Because cultural competency allows for translation across cultures, Holdman and Seeds took the position that this skill is a prerequisite for a capital defense attorney who is representing a client of a different ethnicity, nationality, social group, or subgroup in the mitigation phase of a capital case. While cultural competency discourse …