Lethal Injections: States Medicalize Execution, 2015 Emory School of Medicine & Emory University Hospital
Lethal Injections: States Medicalize Execution, Joel B. Zivot
University of Richmond Law Review
No abstract provided.
The Executioner's Dilemmas, 2015 University of Nebraska College of Law
The Executioner's Dilemmas, Eric Berger
University of Richmond Law Review
No abstract provided.
Criminal Inflictions Of Emotional Distress, 2015 Florida State University College of Law
Criminal Inflictions Of Emotional Distress, Avlana Eisenberg
Scholarly Publications
This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way.
In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …
Criminal Asset Forfeiture And The Sixth Amendment After "Southern Union" And "Alleyne:" State-Level Ramifications, 2015 Vanderbilt University Law School
Criminal Asset Forfeiture And The Sixth Amendment After "Southern Union" And "Alleyne:" State-Level Ramifications, Brynn Applebaum
Vanderbilt Law Review
The Founding Fathers thought the jury-trial right was so fundamental to our system of justice that they included it in the Sixth Amendment of the United States Constitution. The right to trial by jury serves to protect criminal defendants against government overreaching by ensuring that they will be judged by their fellow citizens.' And as a whole, our system of justice and our citizenry have remained committed to the jury trial. But since the Founding, the Supreme Court has narrowed the application of the Sixth Amendment's guaranty.
Two decades ago, the Supreme Court decided in Libretti v. United States that …
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, 2015 Washington and Lee University School of Law
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, 2015 Southern Center for Human Rights
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
University of Richmond Law Review
No abstract provided.
Witnessing Executions, 2015 Richmond-Times Dispatch
Witnessing Executions, Frank Green
University of Richmond Law Review
No abstract provided.
The Politics Of Botched Executions, 2015 University of Richmond School of Law
The Politics Of Botched Executions, Corinna Barrett Lain
University of Richmond Law Review
No abstract provided.
Has The "Machinery Of Death" Become A Clunker?, 2015 University of Notre Dame
Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith
University of Richmond Law Review
No abstract provided.
Interrogation Policies, 2015 University of Virginia School of Law
Interrogation Policies, Brandon L. Garrett
University of Richmond Law Review
No abstract provided.
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, 2015 University of Richmond School of Law
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass
University of Richmond Law Review
No abstract provided.
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, 2015 Director of Institute for Actual Innocence
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
University of Richmond Law Review
No abstract provided.
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, 2015 University of Richmond School of Law
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
University of Richmond Law Review
No abstract provided.
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, 2015 Fordham University School of Law
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
Fordham Law Review
Since the U.S. Supreme Court began limiting the exercise of peremptory challenges to safeguard potential jurors from discrimination, it has faced a nearly impossible task. The Court has attempted to safeguard a juror’s equal protection rights without eradicating the peremptory challenge’s ability to preserve a criminal defendant’s right to an impartial jury. Under the current legal framework, it is not certain whether either constitutional right is adequately protected. This Note examines the history of the Supreme Court’s limitation on peremptory challenges. It then discusses the current federal circuit split over whether peremptory challenges should be further limited. Finally, this Note …
Rosemond, Mens Rea, And The Elements Of Complicity, 2015 University of San Diego
Rosemond, Mens Rea, And The Elements Of Complicity, Kit Kinports
San Diego Law Review
The confluence of two widely invoked federal statutes—one governing accomplice liability, the other imposing a sentencing enhancement when firearms are involved in a violent or drug trafficking crime—reached the Supreme Court this past term in Rosemond v. United States. The Court’s analysis of the mens rea issues raised in that case starkly illustrates the confusion characterizing this area of complicity law, which has attracted surprisingly little attention from courts, legislators, or scholars. The lack of clarity is particularly acute for crimes like the weapons offense in Rosemond that can plausibly be interpreted to include a circumstance element. This Article attempts …
What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, 2015 Texas A&M University School of Law
What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon
Faculty Scholarship
This symposium article responds to the question, what's left of the law in the wake of ADR? The article addresses this question in the context of the criminal justice system in the United States. As with civil cases, few criminal cases go to trial. Negotiated agreements through plea bargaining have been the predominate form of case resolution since at least the mid-twentieth century. Plea bargaining, as with other forms of alternative dispute resolution, is an informal process that operates largely outside the formal legal system. Plea bargains are rarely negotiated on the record in open court. Instead, they are usually …
Criminal Infliction Of Emotional Distress, 2015 Harvard Law School
Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg
Michigan Law Review
This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way. In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …
Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law
Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, Sean Daly
Nevada Law Journal
No abstract provided.
The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, Craig D. Friedel
Nevada Law Journal
No abstract provided.
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, 2015 Washington and Lee University School of Law
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
Washington and Lee Law Review
No abstract provided.