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Articles 1 - 4 of 4
Full-Text Articles in Law
Testing Penry And Its Progeny , Deborah W. Denno
Testing Penry And Its Progeny , Deborah W. Denno
Faculty Scholarship
In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response” to the …
Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno
Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno
Faculty Scholarship
This Article attempts to explain some of the disparity in criminality between males and females by analyzing the results of the “Biosocial Study,” one of this country's largest longitudinal studies of biological, psychological, and sociological predictors of crime. Section II analyzes the literature and research on gender differences in crime. Section III describes the Biosocial Study and its results, noting the gender differences in the prevalence and prediction of crime and the inability of any one factor to be a strong predictor of crime. Section IV considers whether gender differences warrant disparate types of punishment or treatment within the criminal …
Commentary, Ronald J. Tabak
Commentary, Ronald J. Tabak
Fordham Urban Law Journal
Ronald J. Tabak, Chair of the Committee on the Death Penalty for the American Bar Association's Section of Individual Rights and Responsibilities, discusses the Section's purpose in organizing Forhdam University School of Law's panel discussion on "Politics and the Death Penalty." The goal was to illuminate the variety of effects of a widespread perception that the belief of legislators, governors, prosecutors, judges, clemency boards, political candidates and others that the public is overwhelmingly in support of capital punishment. The Section aimed to bring together knowledgeable people from a variety of perspectives to discuss (a) how the capital punishment system and …
Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich
Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich
Fordham Urban Law Journal
This article is a transcript from a program sponsored by the American Bar Association Section of Individual Rights and Responsibilities entitled, “Politics and the Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?” In it, Norman Redlich, former Dean of New York University Law School, James Coleman, Shabata Sundiata Waglini, Attorney General Ernest Preate, Jr., Bryan Stevenson, Executive Director of the Alabama Capital Representation Resource Center, journalist Nat Hentoff, New York State Assemblywoman Susan John, and Chief Justice Exum of the North Carolina Supreme Court discuss the issue of the death penalty in America. Redlich discusses …