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Full-Text Articles in Law

Deadly 'Toxins': A National Empirical Study Of Racial Bias And Future Dangerousness Determinations, Justin D. Levinson, G. Ben Cohen, Koichi Hioki Dec 2021

Deadly 'Toxins': A National Empirical Study Of Racial Bias And Future Dangerousness Determinations, Justin D. Levinson, G. Ben Cohen, Koichi Hioki

Georgia Law Review

Since the beginning of the modern Death Penalty Era, one of the most important—and fraught—areas of capital punishment has been the so-called “future dangerousness” determination, a threshold inquiry that literally rests the defendant’s life or death on jurors’ predictions of the future. An overwhelming majority of capital executions have occurred in jurisdictions that embrace the perceived legitimacy of the future dangerousness inquiry, despite its obvious flaws and potential connection to the age-old racial disparities that continue to plague capital punishment. This Article presents, and empirically tests, the hypothesis that jurors’ future dangerousness assessments cannot be separated from their racial and …


The Intersection Of Wrongful Convictions And Gender In Cases Where Women Were Sentenced To Death Or Life In Prison Without Parole, Connor F. Lang Feb 2021

The Intersection Of Wrongful Convictions And Gender In Cases Where Women Were Sentenced To Death Or Life In Prison Without Parole, Connor F. Lang

Michigan Journal of Gender & Law

This Note examines National Registry of Exonerations data and discusses the prevalence of false confessions and presence of a child victim in cases of women who were convicted of murder, received a serious sentence, and were later exonerated. After looking at the cases of women exonerated after receiving death sentences or life without parole sentences in light of the prevalence of these factors, this Note argues that examination of the cases reveals that the presence of a false confession or a child victim may have contributed to some of the wrongful convictions where these factors may have led to the …


When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi Jan 2021

When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s opinion in McCoy v. Louisiana held that a defendant has a constitutional right to insist their attorney not concede guilt as to any element of an offense, even if doing so is the only reasonable trial strategy to give the defendant a chance at life imprisonment instead of the death penalty. Under McCoy’s holding, a defendant can insist on maintaining their innocence—even in the face of overwhelming evidence—and force their attorney to pursue a defense that will land them on death row. The Supreme Court’s holding makes clear that a strategic concession of guilt at trial—over …