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Capital punishment

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When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan Dec 1999

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

University of Michigan Journal of Law Reform

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …

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When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan Oct 1999

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

Scholarly Publications

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …

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Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler Jun 1999

Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler

Notre Dame Law Review

No abstract provided.

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The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short Apr 1999

The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short

Indiana Journal of Global Legal Studies

No abstract provided.

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Mass Media And The Death Penalty: Social Construction Of Three Nebraska Executions, Jeremy Harris Lipschultz, Michael L. Hilt Apr 1999

Mass Media And The Death Penalty: Social Construction Of Three Nebraska Executions, Jeremy Harris Lipschultz, Michael L. Hilt

Communication Faculty Publications

This research analyzes local TV news coverage of three Nebraska executions in the 1990s, the first in the state since 1959. The three Nebraska executions allow us to see mass media coverage of the death penalty from four perspectives: 1) media organization routines, journalistic beliefs, and how source selection affected the content; 2) justice was portrayed through a consonant set of social symbols; 3) the public support for the death penalty in this country may have led journalists to avoid tough questioning of public officials; 4) the resulting coverage was a social construction of reality that might influence future public …

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Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John H. Blume, Theodore Eisenberg Mar 1999

Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John H. Blume, Theodore Eisenberg

Cornell Law Faculty Publications

Several studies try to explain case outcomes based on the politics of judicial selection methods. Scholars usually hypothesize that judges selected by partisan popular elections are subject to greater political pressure in deciding cases than are other judges. No class of cases seems more amenable to such analysis than death penalty cases. No study, however, accounts both for judicial politics and case selection, the process through which cases are selected for death penalty litigation. Yet, the case selection process cannot be ignored because it yields a set of cases for adjudication that is far from a random selection of cases. …

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Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer Jan 1999

Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer

Theses Digitization Project

No abstract provided.

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Through The Past Darkly: A Survey Of The Uses And Abuses Of Victim Impact Evidence In Capital Trials, Wayne A. Logan Jan 1999

Through The Past Darkly: A Survey Of The Uses And Abuses Of Victim Impact Evidence In Capital Trials, Wayne A. Logan

Scholarly Publications

This Article examines the recent history of victim impact evidence in capital sentencing, as permitted by the United States Supreme Court's landmark 1991 decision in Payne v. Tennessee, which overruled two other recent holdings of the Court squarely prohibiting such evidence.

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Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick Jan 1999

Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick

Cleveland State Law Review

Given that law has an integral commitment to life, in this lecture I want to show how the law should manifest something of a fundamental dissonance, even a terminal incoherence, when law is called upon to deal death. That is what happens in the judicial discourse on the death penalty in the United States. I will approach this demonstration in a way that may at first seem paradoxical, in a way that will bring out the deep affinity between law and death. That affinity is one in which death is, in a sense, the limit of law; a limit that …

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The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith Jan 1999

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Touro Law Review

No abstract provided.

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Another Look At Evolving Standards: Will Decency Prevail Against Executing The Mentally Retarded?, Bryan Lester Dupler Jan 1999

Another Look At Evolving Standards: Will Decency Prevail Against Executing The Mentally Retarded?, Bryan Lester Dupler

Oklahoma Law Review

No abstract provided.

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Living With The Death Penalty, Samuel R. Gross Jan 1999

Living With The Death Penalty, Samuel R. Gross

Articles

The debate over the death penalty in the United States - such as it is - is framed in terms of criminal justice policy. The issues are the same ones we consider when the question is the length of prison sentence for a drug crime: Does the defendant deserve the penalty? Is it cost effective by comparison to other available sanctions? Will it deter others from committing the crimes for which he was convicted? Can we impose this punishment fairly? Can we make sure that innocent people are not condemned?

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Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti Jan 1999

Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti

Fordham Law Review

No abstract provided.

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Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons Oct 1998

Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons

Scholarly Works

No abstract provided.

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Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross Oct 1998

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Law and Contemporary Problems

Gross discusses the incidence of erroneous convictions for capital murder, which are systematic consequences of the natuere of homicide prosection in general and capital prosecution in particular.

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Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat Oct 1998

Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat

Law and Contemporary Problems

Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.

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Racial Disparity And The Death Penalty, John C. Mcadams Oct 1998

Racial Disparity And The Death Penalty, John C. Mcadams

Law and Contemporary Problems

McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.

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Justice Blackmun, Franz Kafka, And Capital Punishment, Martha Dragich Oct 1998

Justice Blackmun, Franz Kafka, And Capital Punishment, Martha Dragich

Faculty Publications

The Article discusses the problem of judging death penalty cases, comparing Justice Blackmun's death penalty jurisprudence to the struggle of a character in Kafka's story. It focuses on three critical moments in the decisional process--hesitation, decision, and escape--and assesses Justice Blackmun's performance at each step. It concludes that although Justice Blackmun's views remained consistent throughout his judicial career, his death penalty legacy is equivocal, and in some important respects, unsatisfying.

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Moratorium On The Death Penalty For Juveniles, Victor L. Streib Oct 1998

Moratorium On The Death Penalty For Juveniles, Victor L. Streib

Law and Contemporary Problems

Streib offers a sketch of the sentences and actual executions in the juvenile death penalty system for the past quarter-century. The ABA's moratorium calls for the complete prevention of the execution of offenders under age 18 at the time of their crimes.

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The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau Oct 1998

The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau

Law and Contemporary Problems

Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.

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The American Bar Association And Federal Habeas Corpus, Larry W. Yackle Oct 1998

The American Bar Association And Federal Habeas Corpus, Larry W. Yackle

Law and Contemporary Problems

Yackle evaluates the ABA's claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA's policy for habeas corpus.

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The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen Oct 1998

The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen

Law and Contemporary Problems

Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.

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Fact Or Fiction? The Use Of Eighteenth-Century Criminal Biographies In Historical Studies, Steven M. Wakefield Oct 1998

Fact Or Fiction? The Use Of Eighteenth-Century Criminal Biographies In Historical Studies, Steven M. Wakefield

History Theses & Dissertations

Marxist studies concerning crime and criminality in eighteenth-century England, and especially London, have explained the problem strictly in terms of a class based struggle between the elites and the working poor. Marxists further contend that the majority of criminals hanged for capital offenses during the eighteenth-century also came Rom the working poor. Using an analysis of criminal biographies written between 1723 and 1783, this study questions the Marxist paradigm by suggesting that eighteenth-century crime and criminality were not inter-class conflicts but more intra-class struggles, and hangings reflected this.

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Update: American Public Opinion On The Death Penalty-It’S Getting Personal , Samuel R. Gross Sep 1998

Update: American Public Opinion On The Death Penalty-It’S Getting Personal , Samuel R. Gross

Cornell Law Review

No abstract provided.

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Racial Discrimination And The Death Penalty In The Post-Furman Era: An Empirical And Legal Overview With Recent Findings From Philadelphia , David C. Baldus, George Woodworth, David Zuckerman, Neil Alan Weiner Sep 1998

Racial Discrimination And The Death Penalty In The Post-Furman Era: An Empirical And Legal Overview With Recent Findings From Philadelphia , David C. Baldus, George Woodworth, David Zuckerman, Neil Alan Weiner

Cornell Law Review

No abstract provided.

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Virginia's "21 Day Rule" And Illinois' Death Row Debacle: A Comparative Study In Capital Justice And The Relevance Of Innocence, Anne E. Duprey Mar 1998

Virginia's "21 Day Rule" And Illinois' Death Row Debacle: A Comparative Study In Capital Justice And The Relevance Of Innocence, Anne E. Duprey

Capital Defense Journal

No abstract provided.

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Can Inordinate Delay Between A Death Sentence And Execution Constitute Cruel And Unusual Punishment?, Dwight Aarons Jan 1998

Can Inordinate Delay Between A Death Sentence And Execution Constitute Cruel And Unusual Punishment?, Dwight Aarons

Scholarly Works

No abstract provided.

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Feminism And Defending Men On Death Row, Phyllis L. Crocker Jan 1998

Feminism And Defending Men On Death Row, Phyllis L. Crocker

Law Faculty Articles and Essays

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …

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Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan Jan 1998

Harnessing Payne: Controlling The Admission Of Victim Impact Statements To Safeguard Capital Sentencing Hearings From Passion And Prejudice, Beth E. Sullivan

Fordham Urban Law Journal

This article begins by tracing the historical development of victim impact evidence through Supreme Court jurisprudence and state legislation and analyzes their use in the sentencing of phase capital punishment trials. It argues that the Supreme Court's decision in Payne V Tennessee allowing a jury to consider victim impact evidence in capital punishment sentencing is troublesome in light of a capital punishment defendant's constitutional rights, the history of the death penalty and traditional sentencing procedures. It concludes with a proposal for guidelines to regulates the use of such evidence in capital punishment sentencing,

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Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross Jan 1998

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …

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