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Full-Text Articles in Law

Unusual: The Death Penalty For Inadvertent Killing, Guyora Binder, Brenner M. Fissell, Robert Weisberg Jul 2018

Unusual: The Death Penalty For Inadvertent Killing, Guyora Binder, Brenner M. Fissell, Robert Weisberg

Indiana Law Journal

Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More generally, does the Eighth Amendment permit capital punishment of one who causes death inadvertently? This scenario is possible in the significant minority of American jurisdictions that permit capital punishment for felony murder without requiring a mental state of intent to kill or reckless indifference to human life. Thus far, Eighth Amendment death penalty jurisprudence has required a culpable mental state of recklessness for execution of accomplices in a fatal felony, but has not yet addressed the culpability required for execution of the …


All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes Apr 2018

All Bathwater, No Baby: Expressive Theories Of Punishment And The Death Penalty, Susan A. Bandes

Michigan Law Review

A review of Carol S. Steiker and Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment.