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Articles 1 - 18 of 18
Full-Text Articles in Law
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein
Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein
Touro Law Review
No abstract provided.
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
Georgia Journal of International & Comparative Law
No abstract provided.
The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick
The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick
Georgia Journal of International & Comparative Law
No abstract provided.
Rethinking The Timing Of Capital Clemency , Adam M. Gershowitz
Rethinking The Timing Of Capital Clemency , Adam M. Gershowitz
Michigan Law Review
This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …
Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein
Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein
Touro Law Review
No abstract provided.
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein
Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein
Touro Law Review
No abstract provided.
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Radical Discrimination In The Death Penalty In Tennessee: An Empirical Assessment, John M. Scheb Ii, Kristin A. Wagers
Radical Discrimination In The Death Penalty In Tennessee: An Empirical Assessment, John M. Scheb Ii, Kristin A. Wagers
Tennessee Journal of Law and Policy
The intense media coverage of the United States Supreme Court's recent decisions in Baze v. Rees' and Kennedy v. Louisiana highlights the ongoing saliency of the death penalty in American politics. In this article, we use empirical evidence to shed light on this controversy. Our analysis utilizes data from 1,068 first-degree murder convictions rendered in Tennessee between 1977 and 2007. The questions animating our research are: 1) What factors led prosecutors to seek the death penalty? and 2) What factors led juries to impose it? In particular, we are interested in the role that race plays in these decisions. Does …
Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth
Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth
Chicago-Kent Law Review
What role can lawyers play in the internal disputes of a community to which they are outsiders? This essay highlights two core rationales for outsider intervention in support of internal dissent. It examines these rationales in the case of capital defenders from the U.S. North in the U.S. South. The position as an outsider can provide the will and freedom to launch direct attacks on injustice. Frequently, outsiders also bring superior resources for the fight. When outsiders engage in direct social critique, however, they can be accused of cultural imperialism. As an alternative, outsider lawyers can marshal indirect challenges, using …
Missing Mcveigh, Michael E. Tigar
Missing Mcveigh, Michael E. Tigar
Michigan Law Review
The bombing that killed at least 169 people became an event by which time was thereafter measured — at least in Oklahoma. Ninety minutes after the bombing, a state trooper arrested Timothy McVeigh on a traffic charge; within hours, he was linked to the bombing, and the legal process began. Terry Nichols, who had met McVeigh when they were in the army together, was arrested in Herington, Kansas, where he lived with his wife and daughter. The Tenth Circuit chief judge designated Richard Matsch, chief judge for the District of Colorado, to preside over the case. Judge Matsch came to …
The Banality Of Wrongful Executions, Brandon L. Garrett
The Banality Of Wrongful Executions, Brandon L. Garrett
Michigan Law Review
What is so haunting about the known wrongful convictions is that those cases are the tip of the iceberg. Untold numbers of unnoticed errors may send the innocent to prison — and to the death chamber. That is why I recommend to readers a trilogy of fascinating new books that peer deeper into this larger but murkier problem. Outside the rarified group of highly publicized exonerations, which have themselves done much to attract attention to the causes of wrongful convictions, errors may be so mundane that no one notices them unless an outsider plucks a case from darkness and holds …
Furman, After Four Decades, J. Thomas Sullivan
Furman, After Four Decades, J. Thomas Sullivan
University of Massachusetts Law Review
Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …
Fact-Based Death Penalty Research, Lewis L. Laska
Fact-Based Death Penalty Research, Lewis L. Laska
Tennessee Journal of Law and Policy
The goal of fact-based death penalty research is, simply put, to capture and document as many facts surrounding legal executions as possible, organize them in a clear and logical manner, and present them without bias, cant, or sentiment. This compilation of facts is then made available for an analysis of whether patterns appear suggesting which facts were and possibly still remain the leading factors influencing legal death. The focus of fact-based research is clear and orderly facts. Indeed, publications that grow out of fact-based death penalty research document executions in chronological order, and each entry includes the executed person's name, …
The Hanging Judge By Michael A. Ponsor––Capital Punishment: Is The Death Penalty Worth The Price?, Beth D. Cohen, Pat K. Newcombe
The Hanging Judge By Michael A. Ponsor––Capital Punishment: Is The Death Penalty Worth The Price?, Beth D. Cohen, Pat K. Newcombe
Cleveland State Law Review
No abstract provided.
Murder, Minority, Victims, And Mercy, Aya Gruber
Murder, Minority, Victims, And Mercy, Aya Gruber
University of Colorado Law Review
Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding "no." Theorists argue that criminal laws should not reflect bigoted perceptions of African Americans, women, and gays by permitting judges and jurors to treat those who kill racial and gender minorities with undue mercy. According to this view, murder defenses like provocation should be restricted to ensure that those who kill minority victims receive the harshest …