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Full-Text Articles in Law

Overlooked Guidelines: Using The Guidelines To Address The Defense Need For Time And Money, Meredith Martin Rountree, Robert C. Owen Jan 2013

Overlooked Guidelines: Using The Guidelines To Address The Defense Need For Time And Money, Meredith Martin Rountree, Robert C. Owen

Hofstra Law Review

In 2003, Professor Eric M. Freedman, Reporter for the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, observed that one of the ABA Guidelines’ central virtues was to recognize that the death penalty is expensive. Fairness in the application of the ultimate punishment requires governments to develop systems to allocate essential resources, like compensation for counsel and funds for experts and investigators. Ten years later, this Article revisits Professor Freedman’s observation by exploring the question of resources and urging counsel to increase their use of the ABA Guidelines in fighting for the irreducible …


The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel Jan 2013

The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel

Hofstra Law Review

Courts interpreting effective representation should look at authoritative statements of what counsel ought to do (such as the ABA Guidelines), rather than what may be customary among practitioners whose clients frequently end up on death row. Most cases avoid death sentences, and the standards are established by practitioners who represent capital clients successfully.


Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman Jan 2013

Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman

Hofstra Law Review

This piece, published in Part 1 of Hofstra Law Review’s symposium marking the tenth anniversary of the ABA’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, considers the converging pressures now impelling the states to provide the effective assistance of counsel in state capital post-conviction proceedings. On the one hand, Martinez v. Ryan, 132 S. Ct. 1309 (2012) - a case that will likely be expanded to a number of additional procedural and substantive contexts - warns the states that if they fail to provide such counsel, their capital convictions will be subject to searching …


Professional Discipline Of Death Penalty Lawyers And Judges, Monroe H. Freedman Jan 2013

Professional Discipline Of Death Penalty Lawyers And Judges, Monroe H. Freedman

Hofstra Law Review

No abstract provided.


Study, Support, And Save: Teaching Sensitivity In The Law School Death Penalty Clinic, Sarah Mourer Jan 2013

Study, Support, And Save: Teaching Sensitivity In The Law School Death Penalty Clinic, Sarah Mourer

University of Miami Law Review

No abstract provided.


Innocence And Its Impact On The Reassessment Of The Utility Of Capital Punishment: Has Time Come To Abolish The Ultimate Sanction?, Vincent R. Jones, Bruce Wilson Jan 2013

Innocence And Its Impact On The Reassessment Of The Utility Of Capital Punishment: Has Time Come To Abolish The Ultimate Sanction?, Vincent R. Jones, Bruce Wilson

University of Miami Law Review

No abstract provided.


Death Sentencing In East Baton Rouge Parish, 1990-2008, Glenn L. Pierce, Michael L. Radelet Feb 2011

Death Sentencing In East Baton Rouge Parish, 1990-2008, Glenn L. Pierce, Michael L. Radelet

Louisiana Law Review

No abstract provided.


Creole And Unusual Punishment - A Tenth Anniversary Examination Of Louisiana's Capital Rape Statute, James H. S. Levine Jan 2006

Creole And Unusual Punishment - A Tenth Anniversary Examination Of Louisiana's Capital Rape Statute, James H. S. Levine

Villanova Law Review

No abstract provided.


Impact Of Legally Inappropriate Factors On Death Sentencing For California Homicides, 1990-1999, The Empirical Analysis, Glenn L. Pierce, Michael L. Radelet Jan 2005

Impact Of Legally Inappropriate Factors On Death Sentencing For California Homicides, 1990-1999, The Empirical Analysis, Glenn L. Pierce, Michael L. Radelet

Santa Clara Law Review

No abstract provided.


Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffrey Fagan, James S. Liebman Oct 2001

Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffrey Fagan, James S. Liebman

Indiana Law Journal

No abstract provided.


A Brief Response To Liebman, Fagan, And West, Joseph L. Hoffmann Oct 2001

A Brief Response To Liebman, Fagan, And West, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.


Violence And The Truth, Joseph L. Hoffmann Oct 2001

Violence And The Truth, Joseph L. Hoffmann

Indiana Law Journal

Harry Pratter Professorship Lecture, Indiana University School of Law, Bloomington, Indiana