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Articles 1 - 24 of 24

Full-Text Articles in Law

Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells Nov 1993

Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The justice system should be designed to prevent such a tragic error. Yet our interviews with jurors who served in South Carolina capital cases indicate that this nightmare is a reality.

Although our data are limited to South Carolina, the question whether jurors are adequately instructed in capital cases is of national concern. For example, the issue whether jurors should be more fully informed about the alternative to a death sentence has arisen in other states. And the question whether jurors understand the ...


Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey Oct 1993

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

Cornell Law Faculty Publications

The law of habeas corpus has changed again. This time it was the law of harmless error. Before Brecht v. Abrahamson, the courts applied the same harmless error rule on direct appeal and in federal habeas corpus. Under that rule, embraced for constitutional errors in Chapman v. California, a conviction tainted by a constitutional error susceptible to harmless error analysis could be upheld only if the state demonstrated that the error was harmless beyond a reasonable doubt. After Brecht, the venerable Chapman rule still applies to constitutional errors identified and reviewed on direct appeal, but an ostensibly "less onerous" standard ...


Sullivan V. Louisiana 113 S. Ct. 2078 (1993) Sep 1993

Sullivan V. Louisiana 113 S. Ct. 2078 (1993)

Capital Defense Journal

No abstract provided.


Mueller V. Virginia 113 S. Ct. 1880 (1993) Sep 1993

Mueller V. Virginia 113 S. Ct. 1880 (1993)

Capital Defense Journal

No abstract provided.


Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993) Sep 1993

Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.


Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander Sep 1993

Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander

University of Miami Law Review

No abstract provided.


Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann Jul 1993

Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.


Legitimating Death, Louis D. Bilionis Jun 1993

Legitimating Death, Louis D. Bilionis

Michigan Law Review

This article arrives at the surprising conclusion that a meaningful Eighth Amendment death penalty jurisprudence lives on, that it is a quite intelligible jurisprudence, and that it is driven by a coherent methodology with firm roots in the traditions of constitutional adjudication.

To reach that conclusion, it is helpful first to have some sense of what the Supreme Court has been doing in the death penalty area lately. Part I thus presents a topical review of the Court's recent work, identifying the themes that now dominate, pointing out the concerns those themes raise, and asking whether any sense can ...


Capital Punishment's Future, Welsh S. White May 1993

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster


Canadian Extradition And The Death Penalty: Seeking A Constitutional Assurance Of Life, John Pak Apr 1993

Canadian Extradition And The Death Penalty: Seeking A Constitutional Assurance Of Life, John Pak

Cornell International Law Journal

No abstract provided.


Flow Chart Of The Stages Of A Capital Murder Trial Mar 1993

Flow Chart Of The Stages Of A Capital Murder Trial

Capital Defense Journal

No abstract provided.


Wise V. Williams 982 F.2d 142 (4th Cir. 1992) Mar 1993

Wise V. Williams 982 F.2d 142 (4th Cir. 1992)

Capital Defense Journal

No abstract provided.


Narrowing The Scope Of Capital Murder During The Commission Of A Robbery: When Must The Intent To Rob Arise?, Robert F. Green Mar 1993

Narrowing The Scope Of Capital Murder During The Commission Of A Robbery: When Must The Intent To Rob Arise?, Robert F. Green

Capital Defense Journal

No abstract provided.


Chronological Outline Of A Capital Murder Trial, Rhonda L. Overstreet Mar 1993

Chronological Outline Of A Capital Murder Trial, Rhonda L. Overstreet

Capital Defense Journal

No abstract provided.


Gardner V. Dixon 1992 U.S. App. Lexis 28147 Mar 1993

Gardner V. Dixon 1992 U.S. App. Lexis 28147

Capital Defense Journal

No abstract provided.


Herrera V. Collins 113 S. Ct. 853 (1993) Mar 1993

Herrera V. Collins 113 S. Ct. 853 (1993)

Capital Defense Journal

No abstract provided.


Introduction, Scott E. Sundby Mar 1993

Introduction, Scott E. Sundby

Capital Defense Journal

No abstract provided.


Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth Jan 1993

Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth

Book Chapters

Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, & Pennington, 1983; Kalven & Zeisel, 1966 ...


Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler Jan 1993

Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler

All Faculty Scholarship

This article examines the history of public and private executions and the passage of private execution laws. It concludes that existing laws restricting media access to executions – and requiring private executions that exclude television cameras – are unconstitutional. The author examines existing statutory schemes which curtail media access and prohibit the filming of executions, discusses legal challenges to such laws, and explores freedom of the press jurisprudence. In particular, the article analyzes First Amendment case law and right-of-access cases. The author also discusses the Eighth Amendment's relationship to First Amendment case law in the area of media coverage of executions.


Habeas Corpus And Actual Innocence Of The Death Sentence After Sawyer V. Whitley: Another Nail Into The Coffin Of State Capital Defendants, Lisa R. Duffeit Jan 1993

Habeas Corpus And Actual Innocence Of The Death Sentence After Sawyer V. Whitley: Another Nail Into The Coffin Of State Capital Defendants, Lisa R. Duffeit

Case Western Reserve Law Review

No abstract provided.


The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein Jan 1993

The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

Articles

No abstract provided.


The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross Jan 1993

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

Articles

On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these ...


Death Penalty: National Disaster Visits California, Walter L. Gordon Iii Jan 1993

Death Penalty: National Disaster Visits California, Walter L. Gordon Iii

Santa Clara Law Review

No abstract provided.


"A Good Murder", Leigh B. Bienen Jan 1993

"A Good Murder", Leigh B. Bienen

Fordham Urban Law Journal

People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the ...