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Articles 1 - 17 of 17
Full-Text Articles in Law
Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson
Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson
Michael P. Johnson
Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …
Death Watch: Change, Redemption Do Exist, David Bruck
Death Watch: Change, Redemption Do Exist, David Bruck
David I. Bruck
No abstract provided.
Original Habeas Redux, Lee B. Kovarsky
Original Habeas Redux, Lee B. Kovarsky
Lee Kovarsky
In "Original Habeas Redux," I map the modern dimensions of the Supreme Court’s most exotic jurisdiction—the original habeas writ. The Court has not issued such relief since 1925 and, until recently, had not ordered a case transferred pursuant to that authority in over fifty years. In August 2009, by transferring a capital prisoner’s original habeas petition to a federal district court rather than dismissing it outright, In re Davis abruptly thrust this obscure power back into mainstream legal debate over both the death penalty and the Supreme Court’s appellate jurisdiction. Scrambling to understand how the authority has evolved since its …
In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decisionmaking, Eric Berger
In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decisionmaking, Eric Berger
Eric Berger
The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional doctrine. In Baze v. Rees and Kennedy v. Louisiana, the Court approached the challenged state policies with vastly different levels of deference. Though the Court purported to apply longstanding Eighth Amendment tests in both cases, Baze was highly deferential to state policy, and Kennedy was not deferential at all. Remarkably, neither the Court nor legal scholars have acknowledged, let alone justified, these contrasting approaches. This article proposes a theory of deference to address this discrepancy. Courts …
Death Is Different, But Not Really, Corinna Barrett Lain
Death Is Different, But Not Really, Corinna Barrett Lain
Corinna Lain
The Supreme Court’s landmark death penalty rulings over the past several years have renewed scholarly criticism of the Eighth Amendment’s “evolving standards of decency” doctrine, which invalidates a punishment when a national consensus has formed against it. Critics claim that it makes no sense for constitutional protection to follow majoritarian sentiment—particularly in the capital context, where death penalty politics make “tyranny of the majority” more than a theoretical concern. Defenders contend that while majoritarian constitutional protection may be problematic in general, Eighth Amendment protection is different; the text of the “cruel and unusual punishments” clause invites, if not requires, protection …
The Road Not Considered, Robert Blecker
The Road Not Considered, Robert Blecker
robert blecker
“The Road Not Considered” suggests a morally refined death penalty statute as an alternative to abolition or keeping New Jersey’s presently flawed legislation.
Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead
O. Carter Snead
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …
A Rarefied Kind Of Dread, David Bruck
Capital Punishment In The Age Of Terrorism, David Bruck
Capital Punishment In The Age Of Terrorism, David Bruck
David I. Bruck
No abstract provided.
Keynote Address: Political And Social Misconception Fueling The Death Penalty, David Bruck
Keynote Address: Political And Social Misconception Fueling The Death Penalty, David Bruck
David I. Bruck
No abstract provided.
On Death Row In Pretoria Central: Capital Punishment In South Africa. It's Not All That Different, David Bruck
On Death Row In Pretoria Central: Capital Punishment In South Africa. It's Not All That Different, David Bruck
David I. Bruck
No abstract provided.
Is The Death Penalty Only For Killers Of Whites?, David Bruck
Is The Death Penalty Only For Killers Of Whites?, David Bruck
David I. Bruck
No abstract provided.
Executing Teen Killers Again, David Bruck
The Death Penalty: An Exchange, David Bruck
Executing Juveniles For Crime, David Bruck
Decisions Of Death, David Bruck
The Four Men Strom Thurmond Sent To The Chair, David Bruck
The Four Men Strom Thurmond Sent To The Chair, David Bruck
David I. Bruck
No abstract provided.