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Articles 31 - 48 of 48
Full-Text Articles in Law
Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant
Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant
Faculty Articles and Other Publications
For three decades, the application of United States Supreme Court criminal procedure decisions has confused the Court's habeas corpus jurisprudence. In 1999, the Court's decision in Williams v. Taylor might have resolved the ambiguous relationship between the pre-1996 habeas corpus retroactivity decisions - the most significant of which was Teague v. Lane - and the habeas corpus reform provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Unfortunately, the Williams decision has only engendered further confusion.
Two decades before Teague, the second Justice Harlan proposed an approach to retroactivity questions, arguing that a decision that announced …
Introduction To The Symposium On Wrongful Convictions: Issues Of Science, Evidence, And Innocence, Ellen Y. Suni
Introduction To The Symposium On Wrongful Convictions: Issues Of Science, Evidence, And Innocence, Ellen Y. Suni
Faculty Works
t is hard to imagine an injustice greater than the incarceration or, worse yet, execution of an innocent. Especially in our system of justice, which purports to accept as a basic premise that it is better that ten guilty go free than that one innocent person be imprisoned, the incarceration of an innocent is simply intolerable. Yet it happens--and much more often than we would like to believe. Questions abound as to why and what can be done about it. The problem of wrongful convictions has been discussed for some time, but it has often been rejected or downplayed. It …
Staying Alive: Executive Clemency, Equal Protection, And The Politics Of Gender In Women's Capital Cases, Elizabeth Rapaport
Staying Alive: Executive Clemency, Equal Protection, And The Politics Of Gender In Women's Capital Cases, Elizabeth Rapaport
Faculty Scholarship
In this Article, I will review the matrix in which executive decisions in women's capital clemency cases are made, a matrix supplied by modern equal protection law, the nature and scope of the clemency power, gender politics, and contemporary death row. I will then conduct two thought experiments. Each invented case tests the relevance of gender in legally and politically acceptable contemporary clemency decisions. The goal is to understand the politics and law of granting or denying that very rare boon-commutation of sentence - to a female death row prisoner. The exercise offers support for two conclusions. In the age …
The Georgia Immigration Pardons: A Case Study In Mass Clemency, Elizabeth Rapaport
The Georgia Immigration Pardons: A Case Study In Mass Clemency, Elizabeth Rapaport
Faculty Scholarship
The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) enlarged the class of aliens subject to mandatory deportation as "aggravated felons" under the Immigration and Nationality Act. There is only one way of avoiding deportation where a non-citizen has at any time in the past been convicted of an offense triggering removal, and that is to obtain a pardon. Over the 15-month period ending in June of 2001, the Georgia Board of Pardons and Parole granted 138 pardons to permanent resident aliens who had suddenly found themselves subject to deportation under IIRAIRA. Recipients of these pardons included people who …
Retribution And Redemption In The Operation Of Executive Clemency, Elizabeth Rapaport
Retribution And Redemption In The Operation Of Executive Clemency, Elizabeth Rapaport
Faculty Scholarship
In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the "redemptive" perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.
Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport
Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport
Faculty Scholarship
This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker.
Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn
Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn
Scholarly Works
No abstract provided.
Noted Japanese Jurist Speaks Out Against Capital Punishment
Noted Japanese Jurist Speaks Out Against Capital Punishment
Alfred Aman Jr. (1991-2002)
No abstract provided.
"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey
"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey
Cornell Law Faculty Publications
Our constitutional law of capital sentencing does not understand Shakespeare's "gentle rain from heaven." Mercy confuses and befuddles it. The jury that sentenced Albert Brown to death was instructed that "'mere ... sympathy"' should not play on its judgment. Brown claimed this instruction violated his Eighth Amendment rights, but the Supreme Court disagreed. Some five years later, Justice Scalia dissented when the Court reversed Derrick Morgan's death sentence. According to Justice Scalia, the Court had held that no "merciless" juror could sit in judgment of a capital defendant. The Constitution, he thought, demanded no such thing. These dissents, one embracing …
Defending The Death Penalty Case: What Makes Death Different?, Andrea Lyon
Defending The Death Penalty Case: What Makes Death Different?, Andrea Lyon
Law Faculty Publications
No abstract provided.
The Death Penalty And Gender Discrimination, Elizabeth Rapaport
The Death Penalty And Gender Discrimination, Elizabeth Rapaport
Faculty Scholarship
Despite the paucity of research on the death penalty and gender discrimination, it is widely supposed that women murderers are chivalrously spared the death sentence. This supposition is fueled by the relatively small number of women who are condemned. This article argues that women are represented on contemporary U.S. death rows in numbers commensurate with the infrequency of female commission of those crimes which our society labels sufficiently reprehensible to merit capital punishment. Additionally, preliminary investigation suggests that death-sentenced women are more likely than death-sentenced men to have killed intimates, although the explanation for this disparity is not yet at …
Death Penalty Habeas Corpus: Defining The Issues, Ira Robbins
Death Penalty Habeas Corpus: Defining The Issues, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Finding a better way to handle the death penalty review process is a priority for our legal system. Effective solutions require consideration of a broad range of issues.
Extradition To A State That Imposes The Death Penalty, Sharon A. Williams
Extradition To A State That Imposes The Death Penalty, Sharon A. Williams
Articles & Book Chapters
This article describes the extradition of prisoners from Canada to a country that imposes the death penalty.
Some Questions About Gender And The Death Penalty, Elizabeth Rapaport
Some Questions About Gender And The Death Penalty, Elizabeth Rapaport
Faculty Scholarship
No capital punishment statute classifies by gender, but it is arguable that gender bias infects the administration of capital punishment because the discretion of prosecutors, juries and judges is employed to the advantage of female murderers. Prior to Furman, capital punishment statutes typically gave sentencing authorities untrammelled discretion to mete out life or death. Although sentencing discretion has been substantially reduced in the modern death penalty regime, it remains arguable post-Furman that the sparseness of women on death row testifies to the discriminatory use of capital sentencing discretion. However, in light of the recent decision in McCleskey v. Kemp, in …
The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan
The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Bell V. Ohio, Lewis F. Powell Jr.
The Trial Of John Gordon And William Gordon, Edward C. Larned (Reporter), William Knowles (Reporter)
The Trial Of John Gordon And William Gordon, Edward C. Larned (Reporter), William Knowles (Reporter)
Library Archive
The following pages contain the report of one of the most extraordinary murders ever committed in New England. No trial since the celebrated trial of the Rev. Eprahim K. Avery for the murder of Miss Cornell has created such extreme interest or produced such intense excitement in this State as the present. With all the Incidental Questions raised in the Trial carefully preserved—the Testimony of the Witnesses nearly verbatim—and the Arguments of Counsel and a Correct Plat of all the Localities described in the Testimony, prepared expressly for this Report.