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Criminal Law Commons

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Supreme Court of the United States

Michigan Law Review

Capital punishment

Articles 1 - 6 of 6

Full-Text Articles in Criminal Law

All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes Apr 2018

All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes

Michigan Law Review

A review of Carol S. Steiker and Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment.


The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker Aug 1996

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 …


Capital Punishment's Future, Welsh S. White May 1993

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster


The Capital Punishment Conundrum, Eric Schnapper Apr 1986

The Capital Punishment Conundrum, Eric Schnapper

Michigan Law Review

A Review of Life in the Balance: Procedural Safeguards in Capital Cases by Welsh S. White


Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau Mar 1983

Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau

Michigan Law Review

A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger


The Death Penalty In America, Michigan Law Review Mar 1983

The Death Penalty In America, Michigan Law Review

Michigan Law Review

A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau