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Two Wrongs Don't Make A Right: Federal Death Eligibility Determinations And Judicial Trifurcations, Michael D. Pepson, John N. Sharifi
Two Wrongs Don't Make A Right: Federal Death Eligibility Determinations And Judicial Trifurcations, Michael D. Pepson, John N. Sharifi
Akron Law Review
Broadly speaking, the purpose of this article is to bring attention to this radical and irreconcilable disparity between the unequivocal Sixth Amendment right of confrontation criminal defendants are afforded at trial,and the limited, qualified right of confrontation the FDPA grants federal capital defendants during death-eligibility determinations, which occur as part of the sentencing phase. It advances the argument that there is no tenable principled distinction on which this disparate procedural treatment may rest. We will attempt to demonstrate that, as written, the statutory provision that governs the admission of evidence at capital sentencings—18 U.S.C. § 3593(c)—is unconstitutional on its face …
Finding Nino: Justice Scalia's Confrontation Clause Legacy From Its (Glorious) Beginning To (Bitter) End, Joëlle Anne Moreno Professor
Finding Nino: Justice Scalia's Confrontation Clause Legacy From Its (Glorious) Beginning To (Bitter) End, Joëlle Anne Moreno Professor
Akron Law Review
Until very recently, Justice Scalia has steered the Court’s modern confrontation jurisprudence. However, as discussed below, his leadership is increasingly threatened by deep divisions on questions of historical accuracy, constitutional interpretation, and the practical realities of twenty-first century criminal prosecutions.