Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Constitutional Right Not To Kill, Mark L. Rienzi
The Constitutional Right Not To Kill, Mark L. Rienzi
Scholarly Articles
Federal and state governments participate in and/or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings. The question of how governments should treat such refusals is older than the Republic itself. Since colonial times, the answer to this question has been driven largely by statutory protections, with the Constitution playing a smaller role, particularly since the …
Kennedy V. Louisiana: A Chapter Of Subtle Changes In The Supreme Court’S Book On The Death Penalty—Sex Offenders: Recent Developments In Punishment And Management, Mary Graw Leary
Scholarly Articles
This paper examines the recent decision regarding the unconstitutionality of Louisiana's death penalty punishment for certain cases of child rape. The paper explores some of the nuanced language of the opinion as it indicates sublte shifts in the Court's death penalty analysis.