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Full-Text Articles in Law

The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz May 2007

The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz

Popular Media

No abstract provided.


But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker Jan 2007

But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker

Articles & Chapters

Based upon the nearly unanimous recommendation of its Death Penalty Study Commission, New Jersey seems poised to become the first state in the modern era to legislatively abolish capital punishment and substitute life without parole. Hailed nationally and internationally as thoughtful and fair, the Commission's final report consistently distorts the evidence, displays an anti-retributive bias, and worst of all, ignores basic well-established perspectives framing the great debate, avoiding at all costs the question of justice.

Unbalanced and biased, the Commission does not even consider any alternative to abolition or standing pat. This essay directly engages the Report on its findings …


Capital Punishment In The United States, And Beyond, Paul Marcus Jan 2007

Capital Punishment In The United States, And Beyond, Paul Marcus

Faculty Publications

This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …