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Full-Text Articles in Law

Why Did China Reform Its Death Penalty?, Kandis Scott Jan 2010

Why Did China Reform Its Death Penalty?, Kandis Scott

Faculty Publications

China recently reformed its death penalty laws, and as a result the government has executed fewer prisoners. The author explores possible reasons and policy concerns behind China's legal reform. These influences include international forces and domestic factors, such as the media, changed circumstances, compassion, and politics. Although hardly transparent, the underlying motivations for the revisions suggest that eventually China may abolish capital punishment, perhaps even before the United States does so.


Should Commission Of A Contemporaneous Arson, Burglary, Kidnapping, Rape, Or Robbery Be Sufficient To Make A Murderer Eligible For A Death Sentence? - An Empirical And Normative Analysis, David Mccord Jan 2009

Should Commission Of A Contemporaneous Arson, Burglary, Kidnapping, Rape, Or Robbery Be Sufficient To Make A Murderer Eligible For A Death Sentence? - An Empirical And Normative Analysis, David Mccord

Santa Clara Law Review

No abstract provided.


But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter Jan 2007

But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter

Faculty Publications

This article argues that California's Procedure 770 as currently implemented is unconstitutional. Judge Fogel, after an exhaustive review of evidence from all parties,agrees. Although Judge Fogel believes that the lethal injection system, while broken "can be fixed," we argue that lethal injection, as a method of execution, is always unconstitutional because the procedures employed in its administration can never ensure against unnecessary risk of pain to the inmate. We also argue that the California legislature must step in to publicly review lethal injection executions and to investigate the conduct of the California Department of Corrections and Rehabilitation (CDCR) in the …


Is Capital Punishment Immoral Even If It Deters Murder, Thomas Kleven Jan 2006

Is Capital Punishment Immoral Even If It Deters Murder, Thomas Kleven

Santa Clara Law Review

No abstract provided.


The Lagrand Decision: The Evolving Legal Landscape Of The Vienna Convention On Consular Relations In U.S. Death Penalty Cases, Howard S. Schiffman Jan 2002

The Lagrand Decision: The Evolving Legal Landscape Of The Vienna Convention On Consular Relations In U.S. Death Penalty Cases, Howard S. Schiffman

Santa Clara Law Review

No abstract provided.


Human Rights Beyond The War On Terrorism: Extradition Defenses Based On Prison Conditions In The United States, Daniel J. Sharfstein Jan 2002

Human Rights Beyond The War On Terrorism: Extradition Defenses Based On Prison Conditions In The United States, Daniel J. Sharfstein

Santa Clara Law Review

No abstract provided.


Symposium: Death Penalty From An International And Human Rights Law Perspective, Danielle Mitterrand Jan 2002

Symposium: Death Penalty From An International And Human Rights Law Perspective, Danielle Mitterrand

Santa Clara Law Review

No abstract provided.


The Deregulation Of The Death Penalty, Kenneth Williams Jan 2000

The Deregulation Of The Death Penalty, Kenneth Williams

Santa Clara Law Review

No abstract provided.


The Death Penalty Is Cruel And Unusual Punishment For The Crime Of Rape - Even The Rape Of A Child, Pallie Zambrano Jan 1999

The Death Penalty Is Cruel And Unusual Punishment For The Crime Of Rape - Even The Rape Of A Child, Pallie Zambrano

Santa Clara Law Review

No abstract provided.


A Death Row Incarceration Calculus: When Prolonged Death Row Imprisonment Becomes Unconstitutional, Jessica Feldman Jan 1999

A Death Row Incarceration Calculus: When Prolonged Death Row Imprisonment Becomes Unconstitutional, Jessica Feldman

Santa Clara Law Review

No abstract provided.


Death Penalty, Rubin "Hurricane" Carter Jan 1995

Death Penalty, Rubin "Hurricane" Carter

Santa Clara Law Review

No abstract provided.


Who Defends Capital Defendants?, Robert Weisberg Jan 1995

Who Defends Capital Defendants?, Robert Weisberg

Santa Clara Law Review

No abstract provided.


Introduction: The Death Penalty: Race, Poverty And Justice, Ellen Kreitzberg Jan 1995

Introduction: The Death Penalty: Race, Poverty And Justice, Ellen Kreitzberg

Santa Clara Law Review

No abstract provided.


Eliminating Discrimination In Administering The Death Penalty: The Need For The Racial Justice Act, Erwin Chemerinsky Jan 1995

Eliminating Discrimination In Administering The Death Penalty: The Need For The Racial Justice Act, Erwin Chemerinsky

Santa Clara Law Review

No abstract provided.


Social Context Of Capital Murder: Social Histories And The Logic Of Mitigation, Craig Haney Jan 1995

Social Context Of Capital Murder: Social Histories And The Logic Of Mitigation, Craig Haney

Santa Clara Law Review

No abstract provided.


Death Without Justice, Ellen Kreitzberg Jan 1995

Death Without Justice, Ellen Kreitzberg

Santa Clara Law Review

No abstract provided.


Discrimination, Death And Denial: The Tolerance Of Racial Discrimination In Infliction Of The Death Penalty, Stephen B. Bright Jan 1995

Discrimination, Death And Denial: The Tolerance Of Racial Discrimination In Infliction Of The Death Penalty, Stephen B. Bright

Santa Clara Law Review

No abstract provided.


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.


Televising Executions: The First Amendment Issues, William Bennett Turner, Beth S. Brinkmann Jan 1992

Televising Executions: The First Amendment Issues, William Bennett Turner, Beth S. Brinkmann

Santa Clara Law Review

No abstract provided.


The Lucas Court And Capital Punishment: The Orginial Understanding Of The Special Circumstances, John W. Paulos Jan 1990

The Lucas Court And Capital Punishment: The Orginial Understanding Of The Special Circumstances, John W. Paulos

Santa Clara Law Review

No abstract provided.


Death Penalty Appeals In California, Robert Weisberg Jan 1988

Death Penalty Appeals In California, Robert Weisberg

Santa Clara Law Review

No abstract provided.


California Death Penalty Laws And The California Supreme Court: A Ten Year Perspective, Gerald F. Uelmen Apr 1986

California Death Penalty Laws And The California Supreme Court: A Ten Year Perspective, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Memorandum From William O. Douglas To Law Clerks Regarding Death Penalty [1971], William O. Douglas Jun 1971

Memorandum From William O. Douglas To Law Clerks Regarding Death Penalty [1971], William O. Douglas

Historical and Topical Legal Documents

No abstract provided.