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Maurice A. Deane School of Law at Hofstra University

Journal

2022

Capital punishment

Articles 1 - 2 of 2

Full-Text Articles in Law

Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, Dana Cook Dec 2022

Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, Dana Cook

Hofstra Law Review

The article focuses on professional standards for investigative interviews, the social science supporting the in-person, face-to-face interview standard. It mentions standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work. It also mentions police officers, social workers, parole officers, and defense investigators knock on doors and mental health experts investigated prevailing standards of performance.


Mitigation Works: Empircal Evidence Of Highly Aggravated Cases Where The Death Penalty Was Rejected At Sentencing, Russell Stetler, Maria Mclaughlin, Dana Cook Sep 2022

Mitigation Works: Empircal Evidence Of Highly Aggravated Cases Where The Death Penalty Was Rejected At Sentencing, Russell Stetler, Maria Mclaughlin, Dana Cook

Hofstra Law Review

This Article updates data presented in this law review in 2018 documenting almost two hundred capital cases presenting serious aggravating circumstances where juries nonetheless chose life sentences. This updated Article adds more than four hundred new cases in the same highly aggravated categories to the total, which is now over six hundred cases. The new case lists, which do not purport to be exhaustive, further support the point that the effective investigation and presentation of mitigating evidence can forestall a death sentence no matter how death-worthy the crime facts may appear at first glance. Indeed, the empirical evidence presented here …