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Full-Text Articles in Law
Death-Innocence And The Law Of Habeas Corpus, Stephen P. Garvey
Death-Innocence And The Law Of Habeas Corpus, Stephen P. Garvey
Cornell Law Faculty Publications
The legal space between a sentence of death and the execution chamber is occupied by an intricate network of procedural rules. On average, it currently takes between six and seven years to traverse this space, but this interval is expected to shrink. Federal habeas corpus, an important part of this space, is studded more and more with procedural obstacles that bar the federal courts from entertaining the merits of a defendant's claims. By design, these barriers foreclose federal review in order to protect the state's interests in the finality of its criminal convictions, as well as to display healthy respect …
"Death Is Different" And Other Twists Of Fate, Deborah W. Denno
"Death Is Different" And Other Twists Of Fate, Deborah W. Denno
Faculty Scholarship
Professor Welsh White's book, The Death Penalty in the Nineties, reviews those United States Supreme Court decisions and developments that have occurred in the four years since the publication of his earlier book, The Death Penalty in the Eighties. In The Nineties, White claims that these recent developments, which have significantly limited capital defendants' habeas corpus appeals, are likely to increase both the rate and the geographical reach of executions which, in the past, have occurred mostly in the South. After discussing some of the analytical and methodological shortcomings of The Nineties, this review will focus on The Nineties' most …