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Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao Jan 2020

Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao

Northwestern Journal of Law & Social Policy

On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP …


The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler Jan 2017

The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler

Washington and Lee Law Review Online

No abstract provided.


Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue Aug 2016

Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue

University of Miami Race & Social Justice Law Review

This Article provides two principal contributions to the study of wrongful convictions. First, it fills a gap in the literature by clarifying the scope of a capital defendant’s constitutional right to use statistics when attacking a wrongful conviction caused by racial bias in jury selection. In doing so, the Article not only examines the content of the Court’s jurisprudence but it also explores the historical “arc” toward greater evidentiary protections. This arc has been guided primarily by the realization that prior narrower solutions have been ineffective at combating racially-motivated peremptory strikes. The Article will also place modern statistical evidence in …


Too Young For The Death Penalty: An Empirical Examination Of Community Conscience And The Juvenile Death Penalty From The Perspective Of Capital Jurors, William J. Bowers, Benjamin Fleury-Steiner, Valerie P. Hans, Michael E. Antonio Jun 2015

Too Young For The Death Penalty: An Empirical Examination Of Community Conscience And The Juvenile Death Penalty From The Perspective Of Capital Jurors, William J. Bowers, Benjamin Fleury-Steiner, Valerie P. Hans, Michael E. Antonio

Valerie P. Hans

As our analysis of jury decisionmaking in juvenile capital trials was nearing completion, the Missouri Supreme Court declared the juvenile death penalty unconstitutional in Simmons v. Roper. The court held that the execution of persons younger than eighteen years of age at the time of their crime violates the Eighth and Fourteenth Amendments to the United States Constitution. This decision patently rejected the U.S. Supreme Court's ruling in Stanford v. Kentucky, which permitted the execution of sixteen- and seventeen-year-olds. In deciding Simmons, the Missouri Supreme Court applied the U.S. Supreme Court's reasoning in Atkins v. Virginia to the juvenile death …


Capital Jurors As The Litmus Test Of Community Conscience For The Juvenile Death Penalty, Michael E. Antonio, Benjamin Fleury-Steiner, Valerie P. Hans, William J. Bowers Jun 2015

Capital Jurors As The Litmus Test Of Community Conscience For The Juvenile Death Penalty, Michael E. Antonio, Benjamin Fleury-Steiner, Valerie P. Hans, William J. Bowers

Valerie P. Hans

This fall, the United States Supreme Court will consider the constitutionality of the juvenile death penalty in Simmons v. Roper. The Eighth Amendment issue before the Court in Simmons will be whether the juvenile death penalty accords with the conscience of the community. This article presents evidence that bears directly on the conscience of the community in juvenile capital cases as revealed through extensive in-depth interviews with jurors who made the critical life-or-death decision in such cases. The data come from the Capital Jury Project, a national study of the exercise of sentencing discretion in capital cases conducted with the …


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman May 2014

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


An Anachronism Too Discordant To Be Suffered: A Comparative Study Of Parliamentary And Presidential Approaches To Regulation Of The Death Penalty, Derek R. Verhagen Aug 2013

An Anachronism Too Discordant To Be Suffered: A Comparative Study Of Parliamentary And Presidential Approaches To Regulation Of The Death Penalty, Derek R. Verhagen

Derek R VerHagen

It is well-documented that the United States remains the only western democracy to retain the death penalty and finds itself ranked among the world's leading human rights violators in executions per year. However, prior to the Gregg v. Georgia decision in 1976, ending America's first and only moratorium on capital punishment, the U.S. was well in line with the rest of the civilized world in its approach to the death penalty. This Note argues that America's return to the death penalty is based primarily on the differences between classic parliamentary approaches to regulation and that of the American presidential system. …


The Constitutional Right Not To Kill, Mark L. Rienzi Jan 2012

The Constitutional Right Not To Kill, Mark L. Rienzi

Scholarly Articles

Federal and state governments participate in and/or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings. The question of how governments should treat such refusals is older than the Republic itself. Since colonial times, the answer to this question has been driven largely by statutory protections, with the Constitution playing a smaller role, particularly since the …


Too Young For The Death Penalty: An Empirical Examination Of Community Conscience And The Juvenile Death Penalty From The Perspective Of Capital Jurors, William J. Bowers, Benjamin Fleury-Steiner, Valerie P. Hans, Michael E. Antonio Jun 2004

Too Young For The Death Penalty: An Empirical Examination Of Community Conscience And The Juvenile Death Penalty From The Perspective Of Capital Jurors, William J. Bowers, Benjamin Fleury-Steiner, Valerie P. Hans, Michael E. Antonio

Cornell Law Faculty Publications

As our analysis of jury decisionmaking in juvenile capital trials was nearing completion, the Missouri Supreme Court declared the juvenile death penalty unconstitutional in Simmons v. Roper. The court held that the execution of persons younger than eighteen years of age at the time of their crime violates the Eighth and Fourteenth Amendments to the United States Constitution. This decision patently rejected the U.S. Supreme Court's ruling in Stanford v. Kentucky, which permitted the execution of sixteen- and seventeen-year-olds. In deciding Simmons, the Missouri Supreme Court applied the U.S. Supreme Court's reasoning in Atkins v. Virginia to …


Capital Jurors As The Litmus Test Of Community Conscience For The Juvenile Death Penalty, Michael E. Antonio, Benjamin Fleury-Steiner, Valerie P. Hans, William J. Bowers Jun 2004

Capital Jurors As The Litmus Test Of Community Conscience For The Juvenile Death Penalty, Michael E. Antonio, Benjamin Fleury-Steiner, Valerie P. Hans, William J. Bowers

Cornell Law Faculty Publications

This fall, the United States Supreme Court will consider the constitutionality of the juvenile death penalty in Simmons v. Roper. The Eighth Amendment issue before the Court in Simmons will be whether the juvenile death penalty accords with the conscience of the community. This article presents evidence that bears directly on the conscience of the community in juvenile capital cases as revealed through extensive in-depth interviews with jurors who made the critical life-or-death decision in such cases. The data come from the Capital Jury Project, a national study of the exercise of sentencing discretion in capital cases conducted with …


The Equality Principle Revisited: The Relationship Of Daubert V. Merrell Dow Pharmaceuticals To Ake V. Oklahoma, Lee Richard Goebes Sep 2002

The Equality Principle Revisited: The Relationship Of Daubert V. Merrell Dow Pharmaceuticals To Ake V. Oklahoma, Lee Richard Goebes

Capital Defense Journal

No abstract provided.


Protecting The Defendant's Right To A Fair Trial In The Information Age, Erika Patrick Sep 2002

Protecting The Defendant's Right To A Fair Trial In The Information Age, Erika Patrick

Capital Defense Journal

No abstract provided.


No One Can Serve Two Masters: Arguments Against Private Prosecutors, Matthew S. Nichols Mar 2001

No One Can Serve Two Masters: Arguments Against Private Prosecutors, Matthew S. Nichols

Capital Defense Journal

No abstract provided.


Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

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 Jan 1996

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.


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.


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

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

Capital Defense Journal

No abstract provided.


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

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

Capital Defense Journal

No abstract provided.


Trevino V. Texas 112 S.Ct. 1547 (1992) Sep 1992

Trevino V. Texas 112 S.Ct. 1547 (1992)

Capital Defense Journal

No abstract provided.


Poyner V. Murray 964 F.2d 1404 (1992) Sep 1992

Poyner V. Murray 964 F.2d 1404 (1992)

Capital Defense Journal

No abstract provided.


Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr. Apr 1992

Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.

Capital Defense Journal

No abstract provided.


Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen Apr 1992

Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen

Capital Defense Journal

No abstract provided.


Mccleskey V. Zant 111 S. Ct. 1454 (1991) Nov 1991

Mccleskey V. Zant 111 S. Ct. 1454 (1991)

Capital Defense Journal

No abstract provided.


Arizona V. Fulminante 111 S. Ct. 1246, (1991) Nov 1991

Arizona V. Fulminante 111 S. Ct. 1246, (1991)

Capital Defense Journal

No abstract provided.


Lankford V. Idaho 111 S. Ct. 1723 (1991) Nov 1991

Lankford V. Idaho 111 S. Ct. 1723 (1991)

Capital Defense Journal

No abstract provided.


Yates V. Evatt 111 S. Ct. 1884 (1991) Nov 1991

Yates V. Evatt 111 S. Ct. 1884 (1991)

Capital Defense Journal

No abstract provided.


Schad V. Arizona 111 S. Ct. 2491 (1991) Nov 1991

Schad V. Arizona 111 S. Ct. 2491 (1991)

Capital Defense Journal

No abstract provided.


Cage V. Louisiana 111 S. Ct. 328 (1990) Apr 1991

Cage V. Louisiana 111 S. Ct. 328 (1990)

Capital Defense Journal

No abstract provided.


Evans V. Muncie 916 F.2d 163 (1990) Apr 1991

Evans V. Muncie 916 F.2d 163 (1990)

Capital Defense Journal

No abstract provided.


Bassette V. Thompson 915 F.2d 932 (1990) Apr 1991

Bassette V. Thompson 915 F.2d 932 (1990)

Capital Defense Journal

No abstract provided.