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Full-Text Articles in Law

In Favor Of Capital Punishment: A Blending Of Philosophical Perspectives, James Charles Donnelly Oct 1983

In Favor Of Capital Punishment: A Blending Of Philosophical Perspectives, James Charles Donnelly

Institute for the Humanities Theses

There has been little intellectual support for the average American's view of the proper relationship between L' crime and punishment. This text is an effort to philosophically define and defend this view. Chapters one and two deal with teleological theories and justification for systems and rules of practices. I first discuss the historical relationship of man to the state, showing the necessity of and providing a basis for civil authority and law and showing both to be based on social utility. This accomplished, a teleological justification of a system of punishment is presented. Chapter three discusses retribution as the deontological …


Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau Mar 1983

Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau

Michigan Law Review

A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger


The Death Penalty In America, Michigan Law Review Mar 1983

The Death Penalty In America, Michigan Law Review

Michigan Law Review

A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau


Criminal Law - Death Penalty: Jury Discretion Bridled, J. Craig Young Jan 1983

Criminal Law - Death Penalty: Jury Discretion Bridled, J. Craig Young

Campbell Law Review

The Eighth Amendment requires that the jury be given discretion in capital cases, but this discretion must be guided with objective standards. North Carolina's attempt to conform to this constitutional standard is found in N.C. Gen. Stat. §§ 15A-2000 to 2003, effective June 1, 1977.


The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert Jan 1983

The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert

Articles

Ehrlich's first point is that if one is searching for deterrence it is the law in action (i.e., the actual incidence of executions) rather than the law on the books (i.e., the presence or absence of the death penalty) which is crucial. His second point is that in order to spot deterrent effects other factors which might affect homicide rates, such as conviction rates and unemployment rates, must be held constant. Many of those who believe that Ehrlich's work is fundamentally flawed nevertheless accept these criticisms. This article follows Sellin's approach but takes account of Ehrlich's criticisms. Instead of comparing …