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Criminal Law Commons

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Articles 1 - 18 of 18

Full-Text Articles in Criminal Law

Unusual: The Death Penalty For Inadvertent Killing, Guyora Binder, Brenner M. Fissell, Robert Weisberg Jul 2018

Unusual: The Death Penalty For Inadvertent Killing, Guyora Binder, Brenner M. Fissell, Robert Weisberg

Indiana Law Journal

Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More generally, does the Eighth Amendment permit capital punishment of one who causes death inadvertently? This scenario is possible in the significant minority of American jurisdictions that permit capital punishment for felony murder without requiring a mental state of intent to kill or reckless indifference to human life. Thus far, Eighth Amendment death penalty jurisprudence has required a culpable mental state of recklessness for execution of accomplices in a fatal felony, but has not yet addressed the culpability required for execution of the …


"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira Oct 2010

"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira

Indiana Law Journal

Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant's constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …


Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring Jan 2005

Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Concluding Remarks, Joseph L. Hoffmann Jan 2005

Concluding Remarks, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants) Jan 2005

Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Open Discussion: Post-Trial Review Jan 2005

Open Discussion: Post-Trial Review

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Fairness In The Application Of The Death Penalty, Edwin Colfax Jan 2005

Fairness In The Application Of The Death Penalty, Edwin Colfax

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Narrowing The Class Of Death-Eligible Crimes, Paula Sites Jan 2005

Narrowing The Class Of Death-Eligible Crimes, Paula Sites

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


A Scientist's Perspective On Forensic Science, Carl M. Selavka Jan 2005

A Scientist's Perspective On Forensic Science, Carl M. Selavka

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield Jan 1996

Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield

Indiana Law Journal

No abstract provided.


Toward The Abolition Of The Death Penalty, Shigemitsu Dando Jan 1996

Toward The Abolition Of The Death Penalty, Shigemitsu Dando

Indiana Law Journal

This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.


A (Genuinely) Modest Proposal Concerning The Death Penalty, Craig M. Bradley Jan 1996

A (Genuinely) Modest Proposal Concerning The Death Penalty, Craig M. Bradley

Indiana Law Journal

No abstract provided.


How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans Oct 1995

How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans

Indiana Law Journal

Symposium: The Capital Jury Project


The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers Oct 1995

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project


Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat Oct 1995

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project


The Death Penalty Dialogue Between Law And Social Science (Symposium Keynote Address), David C. Baldus Oct 1995

The Death Penalty Dialogue Between Law And Social Science (Symposium Keynote Address), David C. Baldus

Indiana Law Journal

Symposium: The Capital Jury Project


The New Law Of Murder, Daniel Givelber Apr 1994

The New Law Of Murder, Daniel Givelber

Indiana Law Journal

No abstract provided.


Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann Jul 1993

Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.