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Lincoln Memorial University

2020

Death penalty

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Full-Text Articles in Law

May I Hold On To My God As I Die?: An Analysis On A Death Row Inmate's Right To Spiritual Advisors Inside The Execution Chamber, Geysel M. Gómez Lozada Aug 2020

May I Hold On To My God As I Die?: An Analysis On A Death Row Inmate's Right To Spiritual Advisors Inside The Execution Chamber, Geysel M. Gómez Lozada

Lincoln Memorial University Law Review Archive

This article analyzes the first amendment right of condemned prisoners to have their spiritual advisor with them up to the point of execution. It dives into a brief yet relevant historical background of the death penalty in the United States. Then it analyzes the specific protections awarded to death penalty inmates up to the point of their executions through R.L.U.I.P.A. At its core, it compares and contrasts two recent decisions by the U.S. Supreme Court: Dunn v. Ray, 139 S. Ct. 661 (2019) and Murphy v. Collier, 139 S. Ct. 1111 (2019), in which the Court reached two different conclusions …


Limiting The Deadly Impact Of Post-Traumatic Stress Disorder (Ptsd): Offenders Suffering From Ptsd At The Time Of The Offense Should Be Excluded From The Death Penalty, Alexandria Patterson Tipton Aug 2020

Limiting The Deadly Impact Of Post-Traumatic Stress Disorder (Ptsd): Offenders Suffering From Ptsd At The Time Of The Offense Should Be Excluded From The Death Penalty, Alexandria Patterson Tipton

Lincoln Memorial University Law Review Archive

The Constitution of the United States prohibits the infliction of “cruel and unusual punishments.” However, a consistently asked question is what constitutes cruel and unusual punishment. In 1958, the Supreme Court stated that “the basic concept underlying the Eighth Amendment is nothing less than the dignity of man,” and recognized that the “words of the [Eighth] Amendment are not precise, and that [the Court’s] scope is not static.” Thus, “[t]he Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.” Accordingly, the constitutionality of the death penalty—specifically the implementation of it—depends …


Effective Death Penalty Abolitionist Rhetoric: A Quantitative Analysis Of What Works, Michael Conklin Aug 2020

Effective Death Penalty Abolitionist Rhetoric: A Quantitative Analysis Of What Works, Michael Conklin

Lincoln Memorial University Law Review Archive

This essay reports the findings of a study designed to measure the effectiveness of anti-death penalty rhetoric at decreasing support for the practice. Demographic factors, such as gender and political affiliation, were also analyzed for potential causal relationships. The surprising results of this novel study will help inform abolitionist advocates as to the best practices for promoting their message. Furthermore, the findings invite future research into death penalty attitudes and advocacy.