Digital Commons Network^™

Death Penalty, Rubin "Hurricane" Carter

Santa Clara Law Review

No abstract provided.

Who Defends Capital Defendants?, Robert Weisberg

Santa Clara Law Review

No abstract provided.

Canary Lecture: Death: The Ultimate Run-On Sentence, Alex Kozinski, Sean Gallagher

Case Western Reserve Law Review

No abstract provided.

Texas’S New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque-And Probably Unconstitutional, James C. Harrington, Anne More Burnham

Faculty Articles

Texas courts should embrace their duty to protect the constitution and forbid the legislature from pursuing a politically popular agenda at the expense of the fundamental rights of certain citizens. Article 11.071 of the Texas Code of Criminal Procedure runs afoul of the language, intent, and purpose of Texas constitutional guarantees, and eliminates procedural protections designed to guard against the execution of innocent persons.

The Texas Legislature should not be allowed to shorten the time period for seeking habeas relief. Article 11.071 violates the due course of law provisions of the Texas Constitution and violates the Texas equal rights provision. …

Social Context Of Capital Murder: Social Histories And The Logic Of Mitigation, Craig Haney

Santa Clara Law Review

No abstract provided.

The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross

Articles

On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …

Introduction: The Death Penalty: Race, Poverty And Justice, Ellen Kreitzberg

Santa Clara Law Review

No abstract provided.

Discrimination, Death And Denial: The Tolerance Of Racial Discrimination In Infliction Of The Death Penalty, Stephen B. Bright

Santa Clara Law Review

No abstract provided.

Eliminating Discrimination In Administering The Death Penalty: The Need For The Racial Justice Act, Erwin Chemerinsky

Santa Clara Law Review

No abstract provided.

A Symposium On The Death Penalty, The Association Of The Bar Of The City Of New York, Leon Friedman

Hofstra Law Review

No abstract provided.

Death Without Justice, Ellen Kreitzberg

Santa Clara Law Review

No abstract provided.

Responding To Herrera V. Collins: Ensuring That Innocents Are Not Executed, Tara L. Swafford

Case Western Reserve Law Review

No abstract provided.

Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean

St. Mary's Law Journal

Death row reminds us that justice is not equal. Death sentences, opposed to being reserved for only the most heinous crimes, are generally related to the profile of the victim and identity of those most outraged by the crime. The majority of people on death row killed a white person, even though one-half of homicide victims in the United States are people of color. Because of this, and the fact that the law almost always sides with people of wealth and power, the death penalty works to compound societal trauma instead of healing or solving anything. The skewed and harmful …

The Executioners Sing, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.

Cornell Law Review

No abstract provided.

Murder, Capital Punishment, And Deterrence: A Review Of The Evidence And An Examination Of Police Killings., William C. Bailey, Ruth Peterson

Sociology & Criminology Faculty Publications

This paper reviews and assesses the empirical literature on murder, capital punishment, and deterrence. There is a large body of evidence regarding these issues, with studies yielding a rather consistent pattern of nondeterrence. However, most investigations are limited because they rely upon the general homicide rate as the criterion variable, although both legally and theoretically, different types of murder may be differentially subject to deterrence. As an example of how deterrence investigations may benefit from examining different types of homicide, we conduct a monthly time-series analysis of the possible deterrent effect of the provision for capital punishment, levels of execution, …

The New Law Of Murder, Daniel Givelber

Indiana Law Journal

No abstract provided.

Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman

Washington and Lee Law Review

No abstract provided.

Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander

University of Miami Law Review

No abstract provided.

Legitimating Death, Louis D. Bilionis

Michigan Law Review

This article arrives at the surprising conclusion that a meaningful Eighth Amendment death penalty jurisprudence lives on, that it is a quite intelligible jurisprudence, and that it is driven by a coherent methodology with firm roots in the traditions of constitutional adjudication.

To reach that conclusion, it is helpful first to have some sense of what the Supreme Court has been doing in the death penalty area lately. Part I thus presents a topical review of the Court's recent work, identifying the themes that now dominate, pointing out the concerns those themes raise, and asking whether any sense can be …

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster

Capital Punishment Of Kids: When Courts Permit Parents To Act On Their Religious Beliefs At The Expense Of Their Children's Lives, Janet J. Anderson

Vanderbilt Law Review

Criminal liability of parents who treat their children's illnesses through spiritual means or prayer alone is the subject of increasing debate. When children die as a result of their parents' religious practices, prosecutions for crimes such as felony child endangerment, manslaughter, and murder may follow. Most states have codified some type of religious accommodation statute which provides a criminal liability exemption for parents who engage in spiritual healing or prayer treatment for their sick children instead of seeking traditional medical assistance. The scope, purpose, and language of these statutes, however, vary." Even when statutes appear to be similar in content, …

Introduction, Scott E. Sundby

Capital Defense Journal

No abstract provided.

Herrera V. Collins 113 S. Ct. 853 (1993)

Capital Defense Journal

No abstract provided.

Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth

Book Chapters

Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …

"A Good Murder", Leigh B. Bienen

Fordham Urban Law Journal

People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …

The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

Articles

No abstract provided.

Death Penalty: National Disaster Visits California, Walter L. Gordon Iii

Santa Clara Law Review

No abstract provided.

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

Articles

On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …

Habeas Corpus And Actual Innocence Of The Death Sentence After Sawyer V. Whitley: Another Nail Into The Coffin Of State Capital Defendants, Lisa R. Duffeit

Case Western Reserve Law Review

No abstract provided.