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Criminal Law

Cleveland State University

1974

Capital punishment

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The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose Jan 1974

The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose

Cleveland State Law Review

In the eighteen months since the Supreme Court of the United States struck down capital punishment in Furman v. Georgia twenty-three states have reinstated the death penalty. While the Supreme Court has not yet heard arguments concerning the constitutionality of these statutes, their validity will determine the fate of the forty-four persons currently awaiting execution in eight states. It is the purpose of this comment to consider the statutes reinstating capital punishment, in light of Furman.


Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris Jan 1974

Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris

Cleveland State Law Review

Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …