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Full-Text Articles in Law
Deterrence And The Death Penalty: A Study Of The Effects Of Capital Punishment On Homicide, Jacob Stump
Deterrence And The Death Penalty: A Study Of The Effects Of Capital Punishment On Homicide, Jacob Stump
Williams Honors College, Honors Research Projects
The death penalty receives an abundance of criticism within the United States, as critics argue it to be cruel and an unjust form of punishment. As the debate carries on and more states illegalize the death penalty, the largest point of contention centers on the question: to what extent does the death penalty deter homicides from occurring? This analysis is critical to the implementation of the death penalty, as many legal scholars cite its ability to deter to be its strongest argument for persisting. Ultimately, any argument that undermines this theory provides a greater incentive for abolition, as the death …
The Societal Impact Of Capital Punishment And Its Future Role In Modern Day America, Laurel Lee
The Societal Impact Of Capital Punishment And Its Future Role In Modern Day America, Laurel Lee
Honors Theses
Capital punishment has been a well-established, although extremely controversial, practice throughout American history. It has been the subject of much criticism and debate both nationally and globally, dating back to ancient times. This study intends to research the historical, legal, and social changes of capital punishment in the United States that have occurred since the dawn of the practice in order to detect any trends, and if so, whether these trends allow a realistic prediction of the future of capital punishment. The chronology of capital punishment is first examined in this study in order to indicate that the controversy surrounding …
Reforming The Death Penalty In Egypt: An Islamic Law Perspective, Gaber Mohamed
Reforming The Death Penalty In Egypt: An Islamic Law Perspective, Gaber Mohamed
Maurer Theses and Dissertations
The main goal of this thesis is to reform the imposition of the death penalty in the Egyptian legal system through the tools and theories of Islamic law. This subject will be discussed in three main chapters: The first chapter will be a survey of the current application of the death penalty in the Egyptian legal system, including the death penalty’s history, laws, courts, appeals, legal procedures, and general comments on the current application of the penalty. The second chapter will be about the death penalty in Islamic law – including the sources of Islamic law, the crimes that merit …
The Effect Of Attitudes Towards The Death Penalty On Forensic Clinical Judgments Of Competency For Execution, Eugenia Garcia-Dubus
The Effect Of Attitudes Towards The Death Penalty On Forensic Clinical Judgments Of Competency For Execution, Eugenia Garcia-Dubus
Dissertations, Theses, and Capstone Projects
Capital punishment has been a part of the American Justice System since colonial times. A brief historical overview reveals a general tendency towards the imposition of restrictions on who is eligible for the death penalty (DP). In a series of decisions, the Supreme Court has held that the execution of an incompetent inmate is unconstitutional, but the topic is controversial among mental health professionals. The likelihood of clinician attitudes towards the DP affecting judgments of competency for execution (CFE) is discussed in the context of existing literature. The vagueness of the current CFE standard is thought to contribute to this …
Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan
Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan
Senior Independent Study Theses
The American death penalty must be abolished in order to establish a more just system of punishment. This thesis examines the arguments of eight political theorists and their connections with five essential Supreme Court cases on capital punishment in order to determine the Court's theoretical view of the American death penalty. This theoretical view is that justices who affirm the constitutionality of capital punishment use philosophical theories, while justices who critique capital punishment rely upon context-dependent analyses. If the Court ever rules that capital punishment is unconstitutional in all circumstances, these latter theories will be dispositive.
Receptivity Of Capital Jurors To Mitigating Factors Of Mental Illness, Intellectual Disability, And Situational Impairments In Death Penalty Decisions : The Capital Trial Analyzed As A Mitigating "Weight And Counterweight" To Premature Decisions And Pro-Death Bias, Leona Deborah Jochnowitz
Legacy Theses & Dissertations (2009 - 2024)
This research presents aspects of juror receptivity to mitigating factors of mental, cognitive/intellectual and situational impairments in capital sentencing decisions. The study examined types of mental factors, as well as the gender of defendants, the aggravating nature of the crime and victim vulnerability. An exploratory cross-tabulation analysis evaluated the percentages and relationships between juror closed-ended CJP survey responses to mental sentencing factors and mental evidence presented at trial for 38 cases. While the sample size was too small in some cells for significance testing, the percentages demonstrated patterns. A detailed qualitative analysis of 12 cases with strong evidence of mental …
Adaptive Behavior Malingering In Legal Claims Of Mental Retardation, Renee M. Kadlubek
Adaptive Behavior Malingering In Legal Claims Of Mental Retardation, Renee M. Kadlubek
UNLV Theses, Dissertations, Professional Papers, and Capstones
In 2002, the Supreme Court ruled that it is unconstitutional to put people with mental retardation to death for capital crimes (Atkins v. Virginia, 2002). Justice Scalia dissented, suggesting that mental retardation is a condition easy to feign. The current study examined whether participants provided with the definition of mental retardation and adaptive behavior ("informed malingering group") are any better at malingering having mental retardation than participants not provided with the definitions ("malingering group"). Three groups of participants participated in this study: the control group, the malingering group, and the informed malingering group. All participants completed an intellectual assessment and …
Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer
Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer
Theses Digitization Project
No abstract provided.
In Favor Of Capital Punishment: A Blending Of Philosophical Perspectives, James Charles Donnelly
In Favor Of Capital Punishment: A Blending Of Philosophical Perspectives, James Charles Donnelly
Institute for the Humanities Theses
There has been little intellectual support for the average American's view of the proper relationship between L' crime and punishment. This text is an effort to philosophically define and defend this view. Chapters one and two deal with teleological theories and justification for systems and rules of practices. I first discuss the historical relationship of man to the state, showing the necessity of and providing a basis for civil authority and law and showing both to be based on social utility. This accomplished, a teleological justification of a system of punishment is presented. Chapter three discusses retribution as the deontological …