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Criminal Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Criminal Law

Race And Capital Punishment, Michael L. Radelet Sep 1987

Race And Capital Punishment, Michael L. Radelet

Trotter Review

Whether it be lynching or legally-imposed capital punishment, the threat or use of death as a punishment has been a powerful means of class and race intimidation throughout American history. In the nineteenth century, statutes that explicitly considered race were not uncommon; in Virginia, for example, the statutes of 150 years ago listed five capital crimes for whites and 70 for black slaves. Today, historians interested in capital punishment use records of state compensations to slave owners to learn how many slaves were executed.


Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt Aug 1987

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt

Michigan Law Review

This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …


On Death Row In Pretoria Central: Capital Punishment In South Africa. It's Not All That Different, David Bruck Jul 1987

On Death Row In Pretoria Central: Capital Punishment In South Africa. It's Not All That Different, David Bruck

David I. Bruck

No abstract provided.


Preliminary Screening Of Prosecutorial Access To Death Qualified Juries: A Missing Constitutional Link, F. Thomas Schornhorst Apr 1987

Preliminary Screening Of Prosecutorial Access To Death Qualified Juries: A Missing Constitutional Link, F. Thomas Schornhorst

Indiana Law Journal

No abstract provided.