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Full-Text Articles in Criminal Law
The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait
The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait
Articles & Chapters
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Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens
Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens
Faculty Scholarship
In Roper v. Simmons, the Supreme Court confronted a difficult question: Given that being younger than eighteen is merely a proxy for diminished culpability, why not let jurors decide whether youth mitigates the culpability of an individual sixteen- or seventeen-year-old offender? The Court's subtle answer draws on psychological literature about the differences between juveniles and adults, but ultimately depends as much on concerns about the mind of the adult juror as on the distinctive traits of juveniles. Read in its best light, Kennedy's opinion seems to turn on the insight that while age-based classifications are rational – they are a …
Souter Passant, Scalia Rampant: Combat In The Marsh, Samuel R. Gross
Souter Passant, Scalia Rampant: Combat In The Marsh, Samuel R. Gross
Articles
Kansas law provides that unless a capital sentencing jury concludes that the mitigating factors that apply to the defendant’s crime outweigh the aggravating factors, it must sentence the defendant to death. The Kansas Supreme Court held that this law violates the Eighth and Fourteenth Amendments because it “impermissibly mandates the death penalty when the jury finds that the mitigating and aggravating circumstances are in equipoise.” On June 26, in Kansas v. Marsh, the Supreme Court reversed in a 5 to 4 opinion by Justice Thomas.