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Brief For Legal Scholars And Historians As Amici Curiae In Support Of Petitioners, Jackson V. State, Nos. 26-76, 26-78 (U.S Supreme Ct. Aug. 14, 2026), G. Ben Cohen, Seth P. Waxman, Ashley Bierman, Sara Saunders

Akron Law Faculty Publications

Under a Florida law enacted in 2023, a judge may impose the death penalty only if the jury first “determine[s] that the defendant should be sentenced to death.” Fla. Stat. § 921.141(2)(c). The question presented is whether the Sixth or Eighth Amendment requires that jury determination to be unanimous, or whether it suffices—as provided in the statute—for only eight of the twelve jurors to vote for death.

The Influence Of Mental Illness Stigma On Support For Capital Punishment, Laura Strong

All Graduate Theses and Dissertations, Fall 2023 to Present

Support for capital punishment, though consistently favored by the majority of the US population, has remained highly controversial due to biases in its application. This issue is particularly pressing for Black Americans and people with mental illnesses, as both populations are over-represented on death row. While support for capital punishment is primarily driven by socio-demographic characteristics such as political affiliation and race, existing literature indicates that White Americans who exhibit heightened racial stigma towards Black Americans are more likely to support capital punishment. The mechanisms that link racial stigma to support for capital punishment may exist for mental illness stigma …

Judges, Speaking Of Death: Criminal Sentencing As A Socio-Cultural Practice In India’S Trial Courts, Ashna Devaprasad

Socio-Legal Review

What role does language play in legitimising the exercise of judicial discretion during sentencing? And what can a judge’s linguistic choices tell us about the wider sentencing culture of a criminal justice system? Sentencing outcomes have long attracted considerable attention in criminal law scholarship, but the process of sentencing – the logics judges use, the narratives they construct, and the audiences they seek to persuade – has received much less empirical scrutiny. Building on ideas from “law and culture” and organisational sociology literature, this Article proposes studying sentencing as a “socio-cultural” practice; one that qualitatively examines the judicial function of …

The Death Penalty Between Its Supporters And Opponents, Ihssan Hindi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the controversy surrounding the death penalty by presenting the main arguments advanced by both its supporters and opponents. It situates capital punishment within the history of penal sanctions and discusses its legal, moral, religious, and social justifications. The article analyzes the four traditional objectives invoked in favor of the death penalty—expiation, deterrence, retribution, and social protection—while also considering abolitionist arguments based on human dignity, judicial error, the evolution of penal policy, and the limits of state power. It offers a balanced legal reflection on whether the death penalty can still be justified in modern criminal justice systems.

The Court And The Killing State, Eric Berger

Michigan Law Review

A review of Secrets of the Killing State: The Untold Story of Lethal Injection. By Corinna Barrett Lain.

“Tolling For The Outcast”: A Therapeutic Jurisprudence Consideration Of The Relationship Between The Americans With Disabilities Act, Death Row Conditions, And Capital Punishment, Michael L. Perlin, Esq., Talia Roitberg Harmon, Maren Geiger, Chelsea Henning

San Diego Law Review

The press has regularly reported on the level of abysmal conditions on death rows in those states that have retained capital punishment. Death-row prisoners are often incarcerated in solitary confinement, and are subject to much more deprivation and harsher conditions than other prisoners. As a result, many experience declining mental health, and it has become clear that persons with mental illness are disproportionately put to death. Some litigants have turned to the Americans with Disabilities Act (ADA) as a potential source of relief; the Supreme Court’s decision in Pennsylvania Department of Corrections v. Yeskey underscored that the act’s language “unmistakably …

Eighty Years Of Gubernatorial Commutations In Ohio Death Penalty Cases: A Retrospective, Dale A. Baich

Akron Law Review

No abstract provided.

The Death Penalty & State Executions In The Mountain West, 1976 - 2024, Mia Tschan, Sydney Mitchell, Yiselle Olivas Ruiz, Dre Boyd-Weatherly, Olivia K. Cheche, Kristian Thymianos, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

This fact sheet presents 1976-2024 data on the death penalty and state executions in the five Mountain West states of Arizona, Colorado, New Mexico, Nevada, and Utah. The Death Penalty Information Center (DPIC) report, “State Execution Rates,” includes data on the 36 states that have conducted state executions and the 38 states, federal government, and military institutions that imposed the death penalty between 1976 and 2024. This fact sheet focuses on cumulative executions, executions per capita, and executions per death sentence in each Mountain West state.

Why Does The U.S. Still Practice The Death Penalty? An Application Of Waltz's Three Images, Anika Tracy

University Honors Program Senior Projects

The United States is the only Western democracy that still practices the death penalty, and legal scholars, domestic politics scholars, and comparativists have written extensively about American capital punishment. In this thesis, I will synthesize this scholarship to present a multifaceted explanation for America’s uniquely continued use of the death penalty through Kenneth Waltz’s three “images” or levels of analysis. While Waltz’s three levels of analysis is an established theory in the field of international relations (IR), the utilization of IR theory for an analysis of American capital punishment is particularly enriching because death penalty abolition is a norm in …

Affirmatively Misled: The Commutation Instruction That Distorted Louisiana’S Death Penalty, G. Ben Cohen

Akron Law Faculty Publications

In 1997, Louisiana voters amended the state constitution to mandate that capital juries be instructed on the governor’s power to commute life and death sentences. This amendment, urged by the Louisiana District Attorneys Association, followed a Louisiana Supreme Court ruling that found an earlier clemency instruction violated the state constitution.     The instruction was fundamentally false. Louisiana governors, it turns out, lacked the unilateral authority to commute sentences; such actions require a favorable vote from the Parole Board. This reality became starkly clear in 2023, when the clemency petitions of fifty-six condemned prisoners—many sentenced by juries affirmatively given this instruction—were terminated …

Researched Argument Paper Against Capital Punishment, Savannah Gross

Distinguished Student Scholarship Collection

This paper presents a researched argument against the use of capital punishment for homicide perpetrators. It critiques the death penalty on grounds of impracticality, high costs, risk of wrongful execution, lack of deterrent effect, and collateral harm to families and society. Drawing on empirical studies and ethical reasoning, the author argues that life imprisonment and rehabilitative alternatives are more just and effective responses to homicide. The work highlights the moral and systemic flaws of capital punishment and advocates for its abolition in favor of humane sentencing practices. [Abstract generated by AI.]

Child Rape And The Death Penalty, Rosemary Ardman

Idaho Law Review

The act of rape on an eight-year-old body is a matter of the needle giving because the camel can’t. The child gives, because the body can, and the mind of the violator cannot.

- Maya Angelou

In May 2023, Florida authorized the death penalty for the sexual battery of a child under twelve. This policy quickly sparked a wave of similar legislation. Tennessee capitalized child rape in May 2024, followed by Idaho in March 2025. These laws—passed with strong bipartisan support in each state—challenge the Supreme Court to overrule Kennedy v. Louisiana, a controversial 2008 decision holding that the …

From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman

The International Law Review Association Student Forum

The death penalty has been a dark fixture in societal punishment for most of human history. It has allowed for grisly, violent executions of people found guilty of misconduct relative to the culture they live in. “The first established death penalty laws date as far back as the Eighteenth Century BCE in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” The first death sentence on record was a member of nobility in 16th-century BCE Egypt, where the wrongdoer was accused of magic and ordered to commit suicide. In the seventh century B.C.E., …

Victim-Offender Relationships And Their Influence On Crime Brutality And Sentencing Outcomes In Capital Homicide Cases, Samantha Jane Trowbridge

Graduate Theses/Dissertations

This study examines capital murder cases in Missouri from 1976 to 2022 to explore how victim-offender relationships relate to both the brutality of homicides and sentencing outcomes. It addresses three main questions: What are the different types of victim-offender relationships in these cases, and how frequently does each type occur? How do these relationships influence sentencing outcomes, particularly the likelihood of receiving the death penalty versus life without parole? And which types of relationships are associated with the highest and lowest levels of brutality? The study uses official court records and applies a coding process to analyze relationship type, sentencing …

Appraisal Resources In Cyberspace Discourse On Capital Punishment And Corruption, Adetutu Aragbuwa

Journal of English and Applied Linguistics

Discourses on the public agitation to codify capital punishment for corrupt Nigerian officials are growing in cyberspace thus opening up the subject for scholarly investigation. This study, therefore, examines cyber citizens’ use of language in constructing their attitudes to the agitation, with a view to analysing dominant ideologies embedded in the discourses. Data for the study, downloaded from Nairaland forum, comprise six hundred comments from ten threads on the anti-corruption clamour. The data is subjected to qualitative analysis hinged on the appraisal theory. The study’s findings reveal upscaled lexicalised judgements of negative normality, tenacity, propriety and veracity towards not just …

Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter

Tennessee Journal of Law and Policy

No abstract provided.

A Case Study Analysis Examining The Removal Of Unanimity From Death Penalty Sentencing, Jeremiah J. Moniz

Selected Honors Theses

The following thesis is written as a result of the 2023 law passed in the state of Florida that removed unanimity for death penalty sentencing proceedings. The thesis looks into the previously researched information on death penalty law, juries, and the combination of the two. It then examines three two-prong case studies comparing cases in Alabama to cases in North Carolina and Ohio to determine if there are any specific or general differential outcomes when it comes to the removal of unanimity in death penalty sentencing trials. The results of the case study found significant differences in jury voting in …

The Influence Of The Race Of Defendant And The Race Of Victim On Capital Charging And Sentencing In California, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence

Faculty Scholarship

The California Racial Justice Act of 2020 recognized racial and ethnic discrimination as a basis for relief in capital cases, expressly permitting several types of statistical evidence to be introduced. This statewide study of the influence of race and ethnicity on the application of capital punishment contributes to this evidence. We draw on data from over 27,000 murder and manslaughter convictions in California state courts between 1978 and 2002. Using multiple methods, we found significant racial and ethnic disparities in charging and sentencing decisions. Controlling for defendant culpability and specific statutory aggravators, we show that Black and Latinx defendants and …

Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?, Tanvi Desai

Florida Atlantic University Undergraduate Law Journal

Surrounded by controversy, the debate regarding the preservation, or lack thereof, of the death penalty in the United States has sparked intense discourse. It has remained the subject of profound controversy since its beginning during colonial times. Stemming from issues surrounding the ethicality of the capital punishment and the irreversible essence of it, many Americans have begun reevaluating the cruel punishment at hand and favoring the abolishment of the death penalty. As human life becomes increasingly vital in this generation, this paper will argue against the preservation of the death penalty for a multitude of reasons. These compelling reasons include …

No Need To Wait: Congress Has The Power Under Section Five Of The Fourteenth Amendment To Abolish The Death Penalty In The States, Eric M. Freedman

William & Mary Bill of Rights Journal

Reformers currently proposing the abolition of capital punishment by federal legislation have only targeted the federal death penalty. They are aiming too low. Concerns about the roughly 50 prisoners facing execution by the federal government should not cause advocates to ignore the approximately 2,400 on the combined Death Rows of the states. Congress has the authority to abolish the death penalty in the states, and good reason to exercise it.

This Article takes as a given the Supreme Court’s view that the death penalty is not itself unconstitutional.

But under existing law Congress would have no difficulty in compiling a …

Distorted Burden Shifting & Barred Mitigation: Being A Stubborn 234 Years Old Ironically Hasn’T Helped The Supreme Court Mature, Noah Seabrook

Journal of Law and Health

This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating …

Cruel And Unusual Punishment: A Human Rights-Based Argument For Extending The Eighth Amendment To Capital Punishment Methods, Brittany Walker

Human Rights Brief

Though Americans generally support capital punishment, there are many issues with how states currently choose to execute individuals, including concern that the different execution methods used by states to carry out capital punishment violates the Eighth Amendment of the U.S. Constitution, lack of regulation of states and lack of accountability. Further, certain execution methods may violate the International Covenant on Civil and Political Rights (ICCPR). This article suggests recommendations for state legislatures, the United States Congress, and the Supreme Court for ensuring the humane treatment of individuals during an execution.

The Effect Of Psychopathy Trait Descriptions On Mock Juror Decision-Making, Bailey A. Hall

USF Tampa Graduate Theses and Dissertations

Layperson misconceptions and stigma surrounding mental illness can have devastating consequences in criminal trials, especially capital (death penalty) cases. Psychopathy is a particularly stigmatizing disorder often used as an aggravating factor in capital cases. The present experimental study examined how case vignettes that included descriptions of psychopathic traits (i.e., criterion effects) differentially influenced juror decision-making. Specifically, undergraduate participants read case facts about a convicted defendant and were randomly assigned to read one of five expert witness testimony conditions describing the defendant using: interpersonal-affective psychopathy traits (e.g., superficially charming, manipulative), antisocial-lifestyle traits (e.g., reckless, aggressive), combined interpersonal-affective and antisocial-lifestyle traits, or …

Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin

Marquette Benefits and Social Welfare Law Review

In the U.S., death row is made up of a disproportionate number of black persons. In capital trials, black defendants often face all white juries. The deep-rooted racial discrimination in the justice system impacts jury selection because prosecutors use peremptory strikes to remove black jurors from the jury panel. As the law stands today, the Sixth Amendment guarantee of an impartial jury made up of a fair representation of the jury applies only to the pool of jurors called in for jury service, not those who are actually selected to hear the case.

This comment analyzes the Supreme Court decision, …

No Pride, All Prejudice: Addressing Lgbtq+ Bias In Capital Punishment Sentencing, Bailey P. Stamp

Lincoln Memorial University Law Review Archive

To this day, members of the LGBTQ+ community face discrimination in criminal sentencing, especially in capital punishment. Far too often, a defendant’s sexuality is used to demonize them to entice juror bias. Because of this, members of the LGBTQ+ community often face harsher sentences than those who are not. To help combat this issue, stricter safeguards must be implemented to help eliminate the discriminatory capital sentencing of defendants who identify as LGBTQ+.

While some classes, such as race and gender, are protected under the Equal Protection Clause of the Fourteenth Amendment, courts have yet to determine whether sexual orientation should …

A Reflection On Contemporary Issues Regarding The Death Penalty, Talia R. Harmon, David Taylor, Chelsea Henning

Journal of Criminal Justice and Law

The general trend in the use and application of the death penalty is an increasing movement toward abolition. This is reflected in the repeal of state death penalty laws, state moratoriums, and the reduction in executions and death sentences. The nature of the death penalty debate has also changed in the past two decades. Radelet and Borg (2000) provided an exhaustive overview of the nature of the debate surrounding capital punishment. This comment updates and reflects on some of the crucial contemporary scholarship that has been done in the following six central areas: incapacitation, deterrence, caprice and racial bias, retribution, …

Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins

Cleveland State Law Review

The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …

Against Capital Punishment, Zac Bright, Ben Austin (Editor)

Brigham Young University Prelaw Review

Capital punishment has a strong legal precedence in the United States. Capital punishment has been a penal option for those who commit conspicuously wrong acts. For such acts, the punishment seems to be proportional to the crime. In addition to the punishment’s adherence to proportionality, capital punishment mitigates problematic outcomes.

This paper advocates, however, that capital punishment should be classified as “cruel and unusual punishment.” Such violation of the eighth amendment delegitimizes capital punishment. Consequently, The Federal Death Penalty Act of 1994 should no longer be considered a valid law because of its constitutional violation.

The Court And Capital Punishment On Different Paths: Abolition In Waiting, Carol S. Steiker, Jordan M. Steiker

Washington and Lee Journal of Civil Rights and Social Justice

The American death penalty finds itself in an unusual position. On the ground, the practice is weaker than at any other time in our history. Eleven jurisdictions have abandoned the death penalty over the past fifteen years, almost doubling the number of states without the punishment (twenty-three). Executions have declined substantially, totaling twenty-five or fewer a year nationwide for the past six years, compared to an average of seventy-seven a year during the six-year span around the millennium (1997-2002). Most tellingly, death sentences have fallen off a cliff, with fewer the fifty death sentences a year nationwide over the past …

The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler

Washington and Lee Journal of Civil Rights and Social Justice

Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …