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Articles 1 - 26 of 26
Full-Text Articles in Law
Lonchar V. Thomas 116 S. Ct. 1293 (1996) United States Supreme Court
Lonchar V. Thomas 116 S. Ct. 1293 (1996) United States Supreme Court
Capital Defense Journal
No abstract provided.
The Incredible Shrinking Writ: Habeas Corpus Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Jeanne-Marie S. Raymond
The Incredible Shrinking Writ: Habeas Corpus Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Jeanne-Marie S. Raymond
Capital Defense Journal
No abstract provided.
The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker
The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker
Michigan Law Review
To make the case for the proposed changes, I will first describe briefly in Parts I and II the structure of pre- and post-Furman capital decisiorurtaking and the weaknesses of those approaches. I then will set forth in Part III the specific rationales for each proposed reform.
The scheme I propose raises a significant constitutional question. Can the death penalty be retained as a punishment if we abandon the pretense of providing meaningful guidance through detailed sentencing instructions? Would the reestablishment of relatively unstructured penalty phase deliberations similar to, but also importantly different from, those characteristic of pre-Furman …
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 Review
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 …
Celluloid Death: Cinematic Depictions Of Capital Punishment, Roberta M. Harding
Celluloid Death: Cinematic Depictions Of Capital Punishment, Roberta M. Harding
Law Faculty Scholarly Articles
This essay will examine how two filmmakers used the cinema to investigate death penalty issues through the films Dead Man Walking and Last Light. These films were selected because of their similarities: capital punishment is the central theme of both films; the presence of a strong principal character who is the condemned inmate; the utilization of a character who undergoes a spiritual transformation due to interaction with the condemned inmate; the decision to have this character facilitate the humanization of the condemned individual; and the additional role this character plays as the audiences' conscience. There are, however, differences in the …
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Michigan Law Review
A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868
Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Cornell Law Faculty Publications
The law allows executioners to deny responsibility for what they have done by making it possible for them to believe they have not done it. The law treats members of capital sentencing juries quite differently. It seeks to ensure that they feel responsible for sentencing a defendant to death. This differential treatment rests on a presumed link between a capital sentencer's willingness to accept responsibility for the sentence she imposes and the accuracy and reliability of that sentence. Using interviews of 153 jurors who sat in South Carolina capital cases, this article examines empirically whether capital sentencing jurors assume responsibility …
The Defunding Of The Post Conviction Defense Organizations As A Denial Of The Right To Counsel, Roscoe C. Howard Jr.
The Defunding Of The Post Conviction Defense Organizations As A Denial Of The Right To Counsel, Roscoe C. Howard Jr.
West Virginia Law Review
No abstract provided.
Introduction, William S. Geimer, Scott E. Sundby
Introduction, William S. Geimer, Scott E. Sundby
Capital Defense Journal
No abstract provided.
Turner V. Jabe 58 F.3d 924 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Turner V. Jabe 58 F.3d 924 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Townes V. Murray 68 F.3d 84 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Townes V. Murray 68 F.3d 84 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin
An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin
Cornell Law Faculty Publications
For many prisoners, federal habeas corpus stands as the last opportunity to challenge the constitutionality of their convictions or sentences. Simply navigating through the procedural maze of habeas practice, however, is a formidable task for inmates proceeding pro se and prisoners represented by counsel. Tragically, those who have had a fundamentally unfair trial, and even those who are innocent, may easily stumble. Since 1867, habeas corpus, or the Great Writ, has been available to state prisoners "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or …
A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff
A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff
ILSA Journal of International & Comparative Law
The Jewish view on the death penalty is that it should exist but it should never be used .... [lI]t is Governor Pataki's job to ensure :order. But he must remember that as a leader he must exhibit attributes of both the father and the mother. Governor Pataki is a nice man. But if he acts on the death penalty, he will be the leader of a bloody government
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Indiana Law Journal
No abstract provided.
States That Kill: Discretion And The Death Penalty—A Worldwide Perspective, Ariane M. Schreiber
States That Kill: Discretion And The Death Penalty—A Worldwide Perspective, Ariane M. Schreiber
Cornell International Law Journal
No abstract provided.
Toward The Abolition Of The Death Penalty, Shigemitsu Dando
Toward The Abolition Of The Death Penalty, Shigemitsu Dando
Indiana Law Journal
This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Scholarly Works
No abstract provided.
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Touro Law Review
No abstract provided.
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Faculty Scholarship
Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.
Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Articles
No abstract provided.
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Faculty Scholarship
reviewing, V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868 (Oxford University Press, 1994)
A (Genuinely) Modest Proposal Concerning The Death Penalty, Craig M. Bradley
A (Genuinely) Modest Proposal Concerning The Death Penalty, Craig M. Bradley
Indiana Law Journal
No abstract provided.
The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross
The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross
Articles
As the Supreme Court has said, time and again, death is different: It is "different in kind from any other punishment imposed under our system of criminal justice;"1 it "differs more from life imprisonment than a 100-year sentence differs from one of only a year or two;"' 2 and so forth. Traditionally, this observation has justified special procedural protections for capital defendants. Justice Harlan put it nicely nearly forty years ago: "I do not concede that whatever process is 'due' an offender faced with a fine or a prison sentence necessarily satisfies the requirements of the Constitution in a capital …
Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross
Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross
Articles
I'd like to offer a few words in response to Professor Polsby's articulate, forceful and amusing essay in favor of capital punishment.
The “Midnight Assassination Law” And Minnesota’S Anti-Death Penalty Movement, John Bessler
The “Midnight Assassination Law” And Minnesota’S Anti-Death Penalty Movement, John Bessler
All Faculty Scholarship
This article traces the history of Minnesota's anti-death penalty movement and the 1889 Minnesota law - dubbed by contemporaries as the "midnight assassination law" - requiring private, nighttime executions. That law, authored by Minnesota legislator John Day Smith, restricted the number of execution spectators, prohibited newspapers from printing any execution details, and provided that only the fact of the execution could be lawfully printed. Also commonly referred to as the "John Day Smith law," this Minnesota statute was challenged as being unconstitutional by Minnesota newspapers after those newspapers printed details of a botched hanging and were charged with violating the …