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Full-Text Articles in Law
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
W. Bradley Wendel
The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“Guidelines”), as revised in 2003, continue to stand as the single most authoritative summary of the prevailing professional norms in the realm of capital defense practice. Hundreds of court opinions have cited the Guidelines. They have been particularly useful in helping courts to assess the investigation and presentation of mitigating evidence in death penalty cases. This Article will discuss how these Guidelines have come to reflect prevailing professional norms in this critical area of capital defense practice and how that practice has developed in the …
Understanding Capital Punishment Law, Third Edition, Scott Howe, Linda Carter, Ellen Kreitzberg
Understanding Capital Punishment Law, Third Edition, Scott Howe, Linda Carter, Ellen Kreitzberg
Scott W. Howe
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 …
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.
Capital Punishment: Eighth Amendment Limits, Scott Howe
Capital Punishment: Eighth Amendment Limits, Scott Howe
Scott W. Howe
No abstract provided.
Capital Punishment: Due Process Limits, Scott Howe
Capital Punishment: Due Process Limits, Scott Howe
Scott W. Howe
No abstract provided.
Capital Punishment In The Age Of Terrorism, David Bruck
Capital Punishment In The Age Of Terrorism, 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.