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Full-Text Articles in Law
An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington (Report), Peter A. Collins, Robert C. Boruchowitz, Matthew J. Hickman, Mark A. Larranaga
An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington (Report), Peter A. Collins, Robert C. Boruchowitz, Matthew J. Hickman, Mark A. Larranaga
Faculty Articles
Professor Boruchowitz and colleagues published the results of a seven-month study into the costs of the death penalty in Washington state and has found a more than $1 million price break in cases where capital punishment is not sought.
Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts
Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts
Faculty Articles
A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary judicial voices demand the abolition of the peremptory challenge. This article uncovers two phenomena that militate against abolition of the peremptory challenge, and in favor of allowing Batson’s evolution. First, the justifications for abolition apply asymmetrically to prosecution and defense, suggesting that an asymmetrical approach is more apt. Second, the states historically adopted an asymmetrical approach — unequal allocation of peremptory challenges to prosecution and defense — and yet many state legislatures have recently abandoned asymmetry, …