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Full-Text Articles in Law
Race And Recalcitrance: The Miller-El Remands, Sheri Johnson
Race And Recalcitrance: The Miller-El Remands, Sheri Johnson
Cornell Law Faculty Publications
In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus …
Knockin' On Heaven's Door: Rethinking The Role Of Religion In Death Penalty Cases, Gary J. Simson, Stephen P. Garvey
Knockin' On Heaven's Door: Rethinking The Role Of Religion In Death Penalty Cases, Gary J. Simson, Stephen P. Garvey
Cornell Law Faculty Publications
Religion has played a prominent role at various points of capital trials. In jury selection, peremptory challenges have been exercised against prospective jurors on the basis of their religion. At the sentencing phase, defendants have offered as mitigating evidence proof of their religiosity, and the prosecution has introduced evidence of the victim's religiosity. In closing argument, quotations from the Bible and other appeals to religion have long been common. During deliberations, jurors have engaged in group prayer and tried to sway one another with quotes from scripture.
Such practices have not gone unquestioned. Rather remarkably, however, the questions have almost …
Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin
Cornell Law Faculty Publications
No abstract provided.
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin
Cornell Law Faculty Publications
No abstract provided.
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.