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Articles 1 - 10 of 10

Full-Text Articles in Law

Mickens V. Taylor 122 S. Ct. 1237 (2002) Sep 2002

Mickens V. Taylor 122 S. Ct. 1237 (2002)

Capital Defense Journal

No abstract provided.


The Equality Principle Revisited: The Relationship Of Daubert V. Merrell Dow Pharmaceuticals To Ake V. Oklahoma, Lee Richard Goebes Sep 2002

The Equality Principle Revisited: The Relationship Of Daubert V. Merrell Dow Pharmaceuticals To Ake V. Oklahoma, Lee Richard Goebes

Capital Defense Journal

No abstract provided.


Protecting The Defendant's Right To A Fair Trial In The Information Age, Erika Patrick Sep 2002

Protecting The Defendant's Right To A Fair Trial In The Information Age, Erika Patrick

Capital Defense Journal

No abstract provided.


Reverse Impact Testimony: A New And Improved Victim Impact Statement, Adrienne N. Barnes Mar 2002

Reverse Impact Testimony: A New And Improved Victim Impact Statement, Adrienne N. Barnes

Capital Defense Journal

No abstract provided.


Better To Let Ten Guilty Men Live: The Presumption Of Life-A Principle To Govern Capital Sentencing, Damien P. Delaney Mar 2002

Better To Let Ten Guilty Men Live: The Presumption Of Life-A Principle To Govern Capital Sentencing, Damien P. Delaney

Capital Defense Journal

No abstract provided.


Proportionality Review: Still Inadequate, But Still Necessary, Cynthia M. Bruce Mar 2002

Proportionality Review: Still Inadequate, But Still Necessary, Cynthia M. Bruce

Capital Defense Journal

No abstract provided.


Racial Disparities In The Capital System: Invidious Or Accidental?, Kathryn Roe Eldridge Mar 2002

Racial Disparities In The Capital System: Invidious Or Accidental?, Kathryn Roe Eldridge

Capital Defense Journal

No abstract provided.


A Positive First Step: The Joint Legislative Audit And Review Commission's Review Of Virginia's System Of Capital Punishment Mar 2002

A Positive First Step: The Joint Legislative Audit And Review Commission's Review Of Virginia's System Of Capital Punishment

Capital Defense Journal

No abstract provided.


America’S Death Penalty: Just Another Form Of Violence, John Bessler Jan 2002

America’S Death Penalty: Just Another Form Of Violence, John Bessler

All Faculty Scholarship

The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.


Theology In The Jury Room: Religious Discussion As "Extraneous Material" In The Course Of Capital Punishment Deliberations, Gregory M. Ashley Jan 2002

Theology In The Jury Room: Religious Discussion As "Extraneous Material" In The Course Of Capital Punishment Deliberations, Gregory M. Ashley

Vanderbilt Law Review

"Why would a God concerned about justice in a matter of life and death be willing to delegate an absolute power over life and death to such fallible and morally benighted creatures?'"

In the landmark Furman v. Georgia decision, Justice Brennan likened capital punishment to a mere game of chance: "When the punishment of death is inflicted in a trivial number of the cases in which it is legally available, the conclusion is virtually inescapable that it is being inflicted arbitrarily. Indeed, it smacks of little more than a lottery system." Although Brennan's argument in Furman focused primarily on disparities …