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Full-Text Articles in Law
Executing The Factually Innocent: The U.S. Constitution, Habeus Corpus, And The Death Penalty: Facing The Embarrassing Question At Last, Charles I. Lugosi
Executing The Factually Innocent: The U.S. Constitution, Habeus Corpus, And The Death Penalty: Facing The Embarrassing Question At Last, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.
Child Testimony Via Two-Way Closed Circuit Television: A New Perspective On Maryland V. Craig In United States V. Turning Bear And United States V. Bordeaux, Aaron R. Harmon
Aaron R. Harmon
Published as “Child Testimony via Two-Way Closed Circuit Television: A New Perspective on Maryland v. Craig in United States v. Turning Bear and United States v. Bordeaux,” 7 N.C. J.L. & Tech. 157 (Fall 2005). For Confrontation Clause purposes, child testimony by two-way closed circuit television is substantively different from one-way closed circuit television. Two-way closed circuit testimony is preferable because it more closely approximates face-to-face confrontation. The Supreme Court’s case-specific holding in Maryland v. Craig was directed at one-way closed circuit testimony. As such, the Eighth Circuit was mistaken in conflating the two forms of testimony when it relied …
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …