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Full-Text Articles in Law
Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell
Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell
Richmond Public Interest Law Review
In a series of decisions concerning child defendants, the United States Supreme
Court has embraced the understanding, based on adolescent brain
development, that the legal system must recognize children are different than
adults concerning criminal culpability and sentencing. That recognition, culminating
in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity
for thousands of individuals across the country, initially sentenced
to death-in-prison sentences when they were minors, to gain a meaningful
opportunity for release. These cases permanently banned mandatory life sentences
for children. In Virginia, the legislature now allows reconsideration
of these cases through hearings before the parole …
Humane Proposals For Swift And Painless Death, Bryce Buchmann
Humane Proposals For Swift And Painless Death, Bryce Buchmann
Richmond Public Interest Law Review
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.
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
Richmond Public Interest Law Review
This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.
Through The Looking Glass Of Teaching: The Death Penalty And The Political Culture Of Detached Passions, Adelaide H. Villmoare
Through The Looking Glass Of Teaching: The Death Penalty And The Political Culture Of Detached Passions, Adelaide H. Villmoare
Richmond Public Interest Law Review
Today, despite daily struggles in courtrooms against capital punishment, there appears little legal room to challenge the death penalty. Most constitutional questions appear "settled. Given the present composition of the Supreme Court, there is scant expectation of any major reversals. Also, the Court's future is to be decided by a President who was governor of a state that has executed more people since 1976 than any other state in the nation. While abolitionist scholars and activists continue to raise constitutional issues, the most dramatic events challenging the death penalty have occurred in the larger political arena outside the courtroom. The …
Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton
Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton
Richmond Public Interest Law Review
On June 13, 1997, Timothy McVeigh was sentenced to death for the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19,1995. The bombing resulted in the deaths of 168 people and the wounding of over 500 more. McVeigh successfully petitioned U.S. District Court Judge Richard Matsch to put an end to his appeals and expedite his execution. At midnight on February 16, 2001 McVeigh let pass his deadline to petition President George W. Bush for clemency. He is scheduled to die by lethal injection on May 16, 2001 at the federal penitentiary in Terre Haute, …
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Richmond Public Interest Law Review
The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Richmond Public Interest Law Review
To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …