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Articles 1 - 30 of 47
Full-Text Articles in Law
Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia’S Death Penalty, Bernadette M. Donovan
Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia’S Death Penalty, Bernadette M. Donovan
Washington and Lee Journal of Civil Rights and Social Justice
Virginia’s abolition of the death penalty in 2021 was a historic development. As both a southern state and one of the country’s most active death penalty jurisdictions, Virginia’s transition away from capital punishment represented an important shift in the national landscape. This article considers whether that shift has any constitutional significance, focusing on the effect of Virginia’s abolition on the geographical arbitrariness of the country’s death penalty.
As a starting point, the death penalty in America is primarily regulated by the Eighth Amendment, which bars “cruel and unusual punishments.” The United States Supreme Court has held that the death penalty …
Three Observations About The Worst Of The Worst, Virginia-Style, Corinna Barrett Lain
Three Observations About The Worst Of The Worst, Virginia-Style, Corinna Barrett Lain
Washington and Lee Law Review Online
Much could be said about Virginia’s historic decision to repeal the death penalty, and Professor Klein’s essay provides a wonderful starting point for any number of important discussions. We could talk about how the decision came to be. Or why the move is so momentous. Or what considerations were particularly important in the decision‑making process. Or where we should go from here. But in this brief comment, I’ll be focusing not on the how, or the why, or the what, or the where, but rather on the who. Who are condemned inmates, both generally and Virginia‑style?
The Beginning Of The End: Abolishing Capital Punishment In Virginia, Alexandra L. Klein
The Beginning Of The End: Abolishing Capital Punishment In Virginia, Alexandra L. Klein
Washington and Lee Law Review Online
When thinking about the history of capital punishment in the United States, I suspect that the average person is likely to identify Texas as the state that has played the most significant role in the death penalty. The state of Texas has killed more than five hundred people in executions since the Supreme Court approved of states’ modified capital punishment schemes in 1976. By contrast, Virginia has executed 113 people since 1976.
But Virginia has played a significant role in the history of capital punishment. After all, the first recorded execution in Colonial America took place in 1608 at Jamestown, …
Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman
Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman
Touro Law Review
No abstract provided.
A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan
A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Supreme Court Clerks And The Death Penalty, Matthew Tokson
Supreme Court Clerks And The Death Penalty, Matthew Tokson
Utah Law Faculty Scholarship
This Essay is part of GW's Supreme Court Clerks at 100 symposium.
The Supreme Court is involved, directly or otherwise, with virtually every execution carried out in the United States. Most executions are appealed to the Court, and inmates commonly request a stay of execution a few days or hours before their scheduled death. The clerks review these requests and recommend a ruling.
A few days after I arrived at the Court, I got my first death penalty assignment. As the date drew near, the defendant asked the Court to stay his execution. I opened his file and began to …
Nondelegating Death, Alexandra L. Klein
Nondelegating Death, Alexandra L. Klein
Scholarly Articles
Most states’ method of execution statutes afford broad discretion to executive agencies to create execution protocols. Inmates have challenged this discretion, arguing that these statutes unconstitutionally delegate legislative power to executive agencies, violating the state’s nondelegation and separation of powers doctrines. State courts routinely use the nondelegation doctrine, in contrast to the doctrine’s historic disfavor in federal courts. Despite its uncertain status, the nondelegation doctrine is a useful analytical tool to examine decision-making in capital punishment.
This Article critically evaluates responsibility for administering capital punishment through the lens of nondelegation. It analyzes state court decisions upholding broad legislative delegations to …
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Humane Proposals For Swift And Painless Death, Bryce Buchmann
Humane Proposals For Swift And Painless Death, Bryce Buchmann
Law Student Publications
This comment will provide reasons why lethal injection is not the appropriate method of execution in the United States, discuss factors that should be considered in selecting a method of execution and conclude that several alternative methods of punishment are preferable to lethal injection. Part I of this comment will detail the history of lethal injection in the United States and the issues associated with the practice. Part II examines how the government determines which method of execution is appropriate. Finally, Part III provides proposals for more humane punishment and concludes the comment.
Undue Burden, Andrea Lyon
Lethal Injections: States Medicalize Execution, Joel B. Zivot
Lethal Injections: States Medicalize Execution, Joel B. Zivot
University of Richmond Law Review
No abstract provided.
The Executioner's Dilemmas, Eric Berger
The Executioner's Dilemmas, Eric Berger
University of Richmond Law Review
No abstract provided.
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
University of Richmond Law Review
No abstract provided.
A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth
A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth
University of Richmond Law Review
No abstract provided.
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
University of Richmond Law Review
No abstract provided.
Witnessing Executions, Frank Green
Witnessing Executions, Frank Green
University of Richmond Law Review
No abstract provided.
The Politics Of Botched Executions, Corinna Barrett Lain
The Politics Of Botched Executions, Corinna Barrett Lain
University of Richmond Law Review
No abstract provided.
Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith
Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith
University of Richmond Law Review
No abstract provided.
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass
University of Richmond Law Review
No abstract provided.
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
University of Richmond Law Review
No abstract provided.
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
University of Richmond Law Review
No abstract provided.
0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff
0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff
Theodore Y. Blumoff
Since 2003, death penalty jurisdictions have been permitted to use psychotropic drugs to “restore” the competency of schizophrenics so they can execute them. Exactly why it is permissible to execute a “synthetically” or “artificially” competent individual is unclear in light of Ford v. Wainwright, a 1986 decision in which the United States Supreme Court, following ancient custom and common law rule, held that the cruel and unusual prohibition of the Eighth Amendment prohibited execution of the insane. The lack of clarity follows from the inability of the Court to agree on the reason the tradition persists. Nonetheless, health care providers …
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher
Washington and Lee Law Review
Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty years of death row incarceration is unconstitutional. Nearly every lower court disagrees, reasoning that prisoners have the choice of pursuing appellate and collateral review (with the delay that entails) or crafting the perfect remedy to any delay by submitting, as Justice Thomas has invited complaining …
On The Argument That Execution Protocol Reform Is Biomedical Research, Paul J. Litton
On The Argument That Execution Protocol Reform Is Biomedical Research, Paul J. Litton
Faculty Publications
Regardless of whether the Supreme Court rightly upheld Oklahoma’s execution protocol in Glossip, Oklahoma officials had inadequate reason to choose midazolam as the anesthetizing agent in its procedure. Their decision is one example illustrating Seema Shah’s point that death penalty states are engaged in “poorly designed experimentation that is not based on evidence.” Shah argues that “an important factor” causing the high rate of botched executions is that lethal injection reform is a type of human subjects research that is going unregulated. Shah argues that research requirements, such as informed consent and IRB review, are necessary to render the research …
Executing Whiteness: Fictional And Nonfictional Accounts Of Capital Punishment In The United States, 1915-1940, Daniel Lachance
Executing Whiteness: Fictional And Nonfictional Accounts Of Capital Punishment In The United States, 1915-1940, Daniel Lachance
Studio for Law and Culture
Over the course of the nineteenth century, elites in the United States increasingly sought to privatize executions and rationalize execution protocols. The source of this change is well known to historians of punishment: a fear that public executions had become unwieldy spectacles drove state actors to move these events into jail yards, at first, and then, with the advent of new technologies, into the interior of centralized prisons that were often far from the county in which the crime had occurred. The centralization of executions and the rationalization of execution protocols reflected and reinforced a more bureaucratic image of the …
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Remedying Wrongful Execution, Meghan J. Ryan
Remedying Wrongful Execution, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state’s district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court’s investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …
And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard
And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard
University of Richmond Law Review
No abstract provided.
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Faculty Publications
No abstract provided.