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Full-Text Articles in Law
Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu
Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu
University of Miami International and Comparative Law Review
Over the last centuries, the view on the death penalty in Qing China has been distorted, presenting a picture of abusive brutality and excessive cruelty, and thus was used as the critical pretext to establish immune extraterritorial jurisdictions. Nevertheless, the existing comments are more literary embellishments without empirical evidence, and few comparative and historical perspectives have been utilized to clarify the truth. In this study, we mined annual death sentence numerical data for the period 1744 to 1840 from official archives and literatures, deciphering the capital crimes in detail and ascertaining the longitudinal trend with population statistics. To reassess the …
A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran
A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran
University of Miami Law Review
The Eighth Amendment prohibits cruel and unusual punishment in the criminal justice system. As the federal government looks to reinstate the death penalty, this Note argues that it should include firing squad as an option for carrying out executions. While firing squads may shock the senses, this Note argues that they are in fact the only way to comport with the requirements of the Eighth Amendment.
Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue
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 …
The American Death Penalty: Constitutional Regulation As The Distinctive Feature Of American Exceptionalism, Jordan M. Steiker
The American Death Penalty: Constitutional Regulation As The Distinctive Feature Of American Exceptionalism, Jordan M. Steiker
University of Miami Law Review
No abstract provided.
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
University of Miami Inter-American Law Review
No abstract provided.
Saving Constitutional Rights From Judicial Scrutiny: The Savings Clause In The Law Of The Commonwealth Caribbean, Margaret A. Burham
Saving Constitutional Rights From Judicial Scrutiny: The Savings Clause In The Law Of The Commonwealth Caribbean, Margaret A. Burham
University of Miami Inter-American Law Review
No abstract provided.
The Prostitution Of Lying In Wait, H. Mitchell Caldwell
The Prostitution Of Lying In Wait, H. Mitchell Caldwell
University of Miami Law Review
No abstract provided.
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
University of Miami International and Comparative Law Review
No abstract provided.
Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander
Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander
University of Miami Law Review
No abstract provided.