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Full-Text Articles in Law

The Eighth Amendment, The Death Penalty And Ordinary Robbery-Burglary Murderers: A California Case Study, Steven Shatz Aug 2007

The Eighth Amendment, The Death Penalty And Ordinary Robbery-Burglary Murderers: A California Case Study, Steven Shatz

Steven F. Shatz

Beginning with Furman v. Georgia, the Supreme Court's seminal case applying the Eighth Amendment to the death penalty, the Court has developed two principles limiting the states' power to define death-eligibility: the principle from Furman and Zant v. Stephens that states are required to "genuinely narrow" the death-eligible class to avoid the risk of arbitrariness in the imposition of the death penalty and the principle from Enmund v. Florida and Tison v. Arizona that the death penalty is a disproportionate punishment for a particular category of murders when it does not comport with contemporary values and serves no penological purpose. …


The Road Not Considered, Robert Blecker Aug 2007

The Road Not Considered, Robert Blecker

robert blecker

“The Road Not Considered” suggests a morally refined death penalty statute as an alternative to abolition or keeping New Jersey’s presently flawed legislation.


The Road Not Considered, Robert Blecker Jul 2007

The Road Not Considered, Robert Blecker

robert blecker

“The Road Not Considered” suggests a morally refined death penalty statute as an alternative to abolition or keeping New Jersey’s presently flawed legislation.


Introduction To Morality, Justice And The Law, M. Katherine B. Darmer Jan 2007

Introduction To Morality, Justice And The Law, M. Katherine B. Darmer

M. Katherine B. Darmer

MORALITY, JUSTICE AND THE LAW is a co-edited volume pulling together selections on theories of the moral underpinnings of law, morality and lawyering (including the religious lawyering movement), civil disobedience, capital punishment and immigration. The book was published by Prometheus Books in 2007.


Furman's Mythical Mandate, Scott Howe Dec 2006

Furman's Mythical Mandate, Scott Howe

Scott W. Howe

This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencing trials under the Eighth Amendment. Many legal commentators, both liberal and conservative, including several members of the Supreme Court, have concluded that the Court's regulation of capital sentencing trials is a disaster. The repeated criticisms rest on a commonly accepted view about a principal goal of capital sentencing regulation. The prevailing account, fueled by the rhetoric of the Justices, stems from the notion that Furman v. Georgia, 408 U.S. 208 (1972), revealed a mandate of consistency in the use of the death penalty that the …