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Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

Feminism And Defending Men On Death Row Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Phyllis L. Crocker

St. Mary's Law Journal

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 individuals to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent when …

Local Tv News And The Death Penalty: Social Construction Of A Nebraska Execution, Jeremy Harris Lipschultz, Michael L. Hilt

Communication Faculty Publications

This paper focused on the September 2, 1994 execution of Harold Lamont "Walkin' Willie" Otey. Coverage of the execution by the four Omaha, Nebraska television stations was examined. The Otey execution is seen from a social construction of reality perspective. The television portrayal of a confrontation on the night of the execution between supporters and Opponents of capital punishment is seen as a mediated view of what happened that night. The public image of the death penalty as appropriate justice is seen as influenced by media coverage.

Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross

Articles

Americans' views on capital punishment have stabilized. In 1994, when Professor Phoebe Ellsworth and I published a review of research on death penalty attitudes in the United States,' we began by noting that "support for the death penalty [is] at a near record high."'2 That finding, like most of the others we reported, has not changed. Nonetheless, it is interesting to pause and review the data on public opinion on the death penalty that have accumulated over the past several years. Stability is less dramatic than change but it may be equally important, and there is some news to report. …

Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Samuel J. Levine

St. Mary's Law Journal

In recent years, a growing body of scholarship has developed in the United States which applies concepts in Jewish law to unsettled, controversial and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the …

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.

Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey

Journal Articles

The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a …

Alaska Justice Forum ; Vol. 14, No. 1 (Spring 1997), Bureau Of Justice Statistics

Vols 11-20 (1994-2004)

The Spring 1997 issue of the Alaska Justice Forum presents from 1975 to 1995 on murder and nonnegligent manslaughter in Anchorage, Fairbanks, Juneau, and Alaska overall; compares Alaska rates with homicide rates nationwide; discusses weapons used and the relationship between victim and offender in Alaska homicides; and compares the murder rate with the rate of other causes of death in Alaska. The Bureau of Justice Statistics reports that sixteen states executed 56 prisoners during 1995, the largest number of prisoners executed in a year in the U.S. since 1960; and the use of capital punishment by nations worldwide is examined.

Five Under The Eighth: Methodology Review And The Cruel And Unusual Punishments Clause, Kristina E. Beard

University of Miami Law Review

No abstract provided.

Representing Black Male Innocence, Joan W. Howarth

Scholarly Works

This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.

The second part uses the case to investigate …

The "Agony Of Suspense": How Protracted Death Row Confinement Gives Rise To An Eighth Amendment Claim Of Cruel And Unusual Punishment, Kathleen M. Flynn

Washington and Lee Law Review

No abstract provided.

Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson

All Faculty Scholarship

The United States Supreme Court decision in Payne v. Tennessee, upholding the use of victim impact statements in capital jury sentencing proceedings, marked one of the most dramatic reversals of a precedent in the history of United States constitutional jurisprudence. The decision in Payne expressly overruled Booth v. Maryland decided only four years earlier. The Booth case rejected the use of victim impact statements in capital sentencing cases that involved juries. In Payne, the Supreme Court made it clear that victims were entitled to offer, and juries were permitted to consider, the effect that a "death eligible" homicide had on …

The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker

Michigan Law Review

To make the case for the proposed changes, I will first describe briefly in Parts I and II the structure of pre- and post-Furman capital decisiorurtaking and the weaknesses of those approaches. I then will set forth in Part III the specific rationales for each proposed reform.

The scheme I propose raises a significant constitutional question. Can the death penalty be retained as a punishment if we abandon the pretense of providing meaningful guidance through detailed sentencing instructions? Would the reestablishment of relatively unstructured penalty phase deliberations similar to, but also importantly different from, those characteristic of pre-Furman …

As The Gentle Rain From Heaven: Mercy In Capital Sentencing , Stephen P. Garvey

Cornell Law Review

No abstract provided.

Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen

Michigan Law Review

A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868

The Defunding Of The Post Conviction Defense Organizations As A Denial Of The Right To Counsel, Roscoe C. Howard Jr.

West Virginia Law Review

No abstract provided.

Alaska Justice Forum ; Vol. 13, No. 1 (Spring 1996), Lerman N/A, N/A Bureau Of Justice Statistics, N/A National Institute Of Justice, N/A Uaa Justice Center

Vols 11-20 (1994-2004)

The Spring 1996 issue of the Alaska Justice Forum presents an account based on historical research of the trial and execution for murder of a Native fisherman, Nelson Charles, in Juneau in 1939 — one of the last executions in Alaska, which abolished the death penalty in 1957. The Bureau of Justice Statistics reports on capital punishment in the U.S. in 1994, during which 13 states executed 31 prisoners. The second of two articles on the village component of a statewide public safety project conducted in 1994 by the Justice Center for the Alaska Department of Public Safety focuses on …

Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri

Articles

No abstract provided.

A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff

ILSA Journal of International & Comparative Law

The Jewish view on the death penalty is that it should exist but it should never be used .... [lI]t is Governor Pataki's job to ensure :order. But he must remember that as a leader he must exhibit attributes of both the father and the mother. Governor Pataki is a nice man. But if he acts on the death penalty, he will be the leader of a bloody government

States That Kill: Discretion And The Death Penalty—A Worldwide Perspective, Ariane M. Schreiber

Cornell International Law Journal

No abstract provided.

Toward The Abolition Of The Death Penalty, Shigemitsu Dando

Indiana Law Journal

This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly

Touro Law Review

No abstract provided.

The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross

Articles

As the Supreme Court has said, time and again, death is different: It is "different in kind from any other punishment imposed under our system of criminal justice;"1 it "differs more from life imprisonment than a 100-year sentence differs from one of only a year or two;"' 2 and so forth. Traditionally, this observation has justified special procedural protections for capital defendants. Justice Harlan put it nicely nearly forty years ago: "I do not concede that whatever process is 'due' an offender faced with a fine or a prison sentence necessarily satisfies the requirements of the Constitution in a capital …

Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross

Articles

I'd like to offer a few words in response to Professor Polsby's articulate, forceful and amusing essay in favor of capital punishment.

Arbitrariness And The Death Penalty In An International Context, Mary K. Newcomer

Duke Law Journal

No abstract provided.

The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton

American University Law Review

No abstract provided.

The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton

American University Law Review

No abstract provided.

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project

How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans

Indiana Law Journal

Symposium: The Capital Jury Project

Alaska Justice Forum ; Vol. 11, No. 4 (Winter 1995), Carrie D. Longoria, N/A Bureau Of Justice Statistics, Andrea M. Fenaughty, Holly A. Massey, Dennis G. Fisher

Vols 11-20 (1994-2004)

The Winter 1995 issue of the Alaska Justice Forum examines the implementation of Anchorage Police Department’s domestic violence policy, which treats domestic violence cases as criminal offenses and reflects consistent concern for victim safety. During 1993, according to the Bureau of Justice Statistics, 38 men were executed in the U.S.; at year’s end, 34 states and the federal prison system held 2,716 prisoners under sentence of death, 5.3 percent more than at yearend 1992. As part of an national five-year study of drug users, AIDS, and HIV, researchers at the University of Alaska Anchorage have assembled data measuring the risk …