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Full-Text Articles in Law
The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein
The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term (Nineteenth Annual Supreme Court Review, October 2006 Supreme Court Term), Richard Klein
Richard Daniel Klein
No abstract provided.
Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein
Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.
Statement Of David E. Aaronson In Support Of Hb 1075 To Repeal The Death Penalty, David Aaronson
Statement Of David E. Aaronson In Support Of Hb 1075 To Repeal The Death Penalty, David Aaronson
David Aaronson
No abstract provided.
Testimony In Support Of Connecticut Senate Bill 1035 And House Bill 6425, Abolishing The Death Penalty (2011), John J. Donohue
Testimony In Support Of Connecticut Senate Bill 1035 And House Bill 6425, Abolishing The Death Penalty (2011), John J. Donohue
John Donohue
In 1975, Isaac Ehrlich launched the modern econometric evaluation of the impact of the death penalty on the prevalence of murder with a controversial paper that concluded that each execution would lead to eight fewer homicides (Ehrlich 1975). A year later, the Supreme Court cited Ehrlich’s work in issuing an opinion ending the execution moratorium that had started with the 1972 decision in Furman v. Georgia. Today it is widely recognized that Ehrlich's national time-series methodology is too unreliable to be published in any economics journal.
Over the last few years, a number of highly technical papers have purported to …
Chivalry Is Not Dead: Murder, Gender, And The Death Penalty, Steven Shatz, Naomi Shatz
Chivalry Is Not Dead: Murder, Gender, And The Death Penalty, Steven Shatz, Naomi Shatz
Steven F. Shatz
An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein
An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein
Richard Daniel Klein
This article will analyze the most significant changes in the manner in which individuals who are charged with the crime of rape are prosecuted for that offense. In the last thirty-five years, there has been a steady erosion of the due process rights of those accused of rape.
Original Habeas Redux, Lee Kovarsky
Original Habeas Redux, Lee Kovarsky
Lee Kovarsky
This article explores what is perhaps the Supreme Court’s most exotic appellate power— its authority to issue (inaptly-named) “original” writs of habeas corpus. Although I have been working on Original Habeas Redux for some time, the Troy Davis case has recently thrust this topic into the national spotlight. In Davis (2009), the Supreme Court exercised, for the first time in over forty years, its power to transfer an original habeas petition to a district court for merits adjudication. Having collected and tabulated two decades of new data, I argue that Davis is not a blip in an otherwise constant state …
Practicing Proportionality, William W. Berry Iii
Practicing Proportionality, William W. Berry Iii
William W Berry III
At the heart of the Eighth Amendment’s “cruel and unusual” punishment clause are two concepts of proportionality—absolute and relative. Absolute proportionality (“cruel”) asks whether the sentence is commensurate with the state’s purposes of punishment. Relative proportionality (“unusual”), by contrast, asks whether the sentence is relatively similar to the outcomes of similar cases. Absolute proportionality sets limits on punishment based on the relationship between the punishment and the intended punitive goal; relative proportionality sets limits on punishment based on the sentencing outcomes in similar cases. In recent years, the United States Supreme Court has utilized the concept of absolute proportionality to …