Law Commons^™

Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.

Mueller V. Virginia 113 S. Ct. 1880 (1993)

Capital Defense Journal

No abstract provided.

Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander

University of Miami Law Review

No abstract provided.

Sullivan V. Louisiana 113 S. Ct. 2078 (1993)

Capital Defense Journal

No abstract provided.

Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.

Legitimating Death, Louis D. Bilionis

Michigan Law Review

This article arrives at the surprising conclusion that a meaningful Eighth Amendment death penalty jurisprudence lives on, that it is a quite intelligible jurisprudence, and that it is driven by a coherent methodology with firm roots in the traditions of constitutional adjudication.

To reach that conclusion, it is helpful first to have some sense of what the Supreme Court has been doing in the death penalty area lately. Part I thus presents a topical review of the Court's recent work, identifying the themes that now dominate, pointing out the concerns those themes raise, and asking whether any sense can be …

Morgan V. Illinois: The Defense Gets The Reverse- Witherspoon Question, Thomas Joshua R. Archer

Mercer Law Review

In Morgan v. Illinois the United States Supreme Court settled the "reverse- Witherspoon" question. The Court held that a trial court in a capital case must, upon the defendant's request, specifically inquire into a prospective juror's views on capital punishment and that a potential juror who would always vote for a sentence of death, regardless of the facts, must be struck for cause. Further, the Court stated that the presence of even one partial juror on a defendant's panel offends the defendant's Fourteenth Amendment right to a fair and impartial jury and the sentence may not stand.

Before Morgan …

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster

Canadian Extradition And The Death Penalty: Seeking A Constitutional Assurance Of Life, John Pak

Cornell International Law Journal

No abstract provided.

Capital Punishment Of Kids: When Courts Permit Parents To Act On Their Religious Beliefs At The Expense Of Their Children's Lives, Janet J. Anderson

Vanderbilt Law Review

Criminal liability of parents who treat their children's illnesses through spiritual means or prayer alone is the subject of increasing debate. When children die as a result of their parents' religious practices, prosecutions for crimes such as felony child endangerment, manslaughter, and murder may follow. Most states have codified some type of religious accommodation statute which provides a criminal liability exemption for parents who engage in spiritual healing or prayer treatment for their sick children instead of seeking traditional medical assistance. The scope, purpose, and language of these statutes, however, vary." Even when statutes appear to be similar in content, …

Wise V. Williams 982 F.2d 142 (4th Cir. 1992)

Capital Defense Journal

No abstract provided.

Gardner V. Dixon 1992 U.S. App. Lexis 28147

Capital Defense Journal

No abstract provided.

Narrowing The Scope Of Capital Murder During The Commission Of A Robbery: When Must The Intent To Rob Arise?, Robert F. Green

Capital Defense Journal

No abstract provided.

Chronological Outline Of A Capital Murder Trial, Rhonda L. Overstreet

Capital Defense Journal

No abstract provided.

Introduction, Scott E. Sundby

Capital Defense Journal

No abstract provided.

Herrera V. Collins 113 S. Ct. 853 (1993)

Capital Defense Journal

No abstract provided.

Flow Chart Of The Stages Of A Capital Murder Trial

Capital Defense Journal

No abstract provided.

Death Penalty: National Disaster Visits California, Walter L. Gordon Iii

Santa Clara Law Review

No abstract provided.

Habeas Corpus And Actual Innocence Of The Death Sentence After Sawyer V. Whitley: Another Nail Into The Coffin Of State Capital Defendants, Lisa R. Duffeit

Case Western Reserve Law Review

No abstract provided.

A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley

St. Mary's Law Journal

This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …

"A Good Murder", Leigh B. Bienen

Fordham Urban Law Journal

People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …