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Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford Jan 2019

Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford

Dickinson Law Review (2017-Present)

Following its decision in Furman v. Georgia, the Supreme Court of the United States has attempted to standardize procedures that states use to subject offenders to the ultimate penalty. In practice, this attempt at standardization has divided capital sentencing into two distinct parts: the death eligibility decision and the death selection decision. The eligibility decision addresses whether the sentencer may impose the death penalty, while the selection decision determines who among that limited subset of eligible offenders is sentenced to death. In Ring v. Arizona, the Court held for the first time that the Sixth Amendment right to …


Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman Jan 1982

Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman

Articles

When the nomination of Lewis F. Powell, Jr., to the Supreme Court of the United States was submitted to the Senate Judiciary Committee ten years ago, much was made of his extraordinary record of service to his city, his state, and his profession.1 Justice Powell's career has been a model of individual responsibility to society. His belief in the value of civic life, and in the desirability of making such a life available to everyone, has been a dominant influence in his work on the Supreme Court. In what follows, I shall attempt to define some of the assumptions with …


Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson Jul 1973

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.


The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills Jan 1973

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …