Law Commons^™

The Juvenile Death Penalty And International Law, Curtis A. Bradley

Duke Law Journal

The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States' use of the juvenile death penalty violates international law. This Article examines the validity of this claim, from the perspective of both the international legal system and the U. S. legal system. Based on a detailed examination of the United States' interaction with treaty regimes and international institutions since the late 1940s, the Article concludes that the international law arguments against the juvenile …

The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg

University of Miami International and Comparative Law Review

No abstract provided.

Mickens V. Taylor 122 S. Ct. 1237 (2002)

Capital Defense Journal

No abstract provided.

The Equality Principle Revisited: The Relationship Of Daubert V. Merrell Dow Pharmaceuticals To Ake V. Oklahoma, Lee Richard Goebes

Capital Defense Journal

No abstract provided.

Protecting The Defendant's Right To A Fair Trial In The Information Age, Erika Patrick

Capital Defense Journal

No abstract provided.

The Pro Se Dilemma: Can Too Many Rights Make A Wrong?, Shawn A. Carter

Louisiana Law Review

No abstract provided.

Reverse Impact Testimony: A New And Improved Victim Impact Statement, Adrienne N. Barnes

Capital Defense Journal

No abstract provided.

Better To Let Ten Guilty Men Live: The Presumption Of Life-A Principle To Govern Capital Sentencing, Damien P. Delaney

Capital Defense Journal

No abstract provided.

Proportionality Review: Still Inadequate, But Still Necessary, Cynthia M. Bruce

Capital Defense Journal

No abstract provided.

Racial Disparities In The Capital System: Invidious Or Accidental?, Kathryn Roe Eldridge

Capital Defense Journal

No abstract provided.

A Positive First Step: The Joint Legislative Audit And Review Commission's Review Of Virginia's System Of Capital Punishment

Capital Defense Journal

No abstract provided.

Penry V. Johnson 121 S. Ct. 1910 (2001), Puja Satiani

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Mitigation Evidence And Capital Cases In Washington: Proposals For Change, Mary Pat Treuthart, Anne Branstad, Matthew Kite

Seattle University Law Review

Part II of this article examines the United States Supreme Court's recognition of the importance of mitigation evidence in capital cases. Part III then focuses on the role of mitigation evidence in Washington's death penalty scheme. The following section, Part IV, addresses the public policy implications when mitigation evidence is not presented. Finally, Part V proposes changes to the current sentencing procedure in Washington involving capital crimes.

Responsibility In Capital Sentencing, Steven Semeraro

San Diego Law Review

Although modem doctrine is worth preserving, it could be improved significantly by focusing explicitly on heightening individual responsibility. Two concrete ways to improve it would be to (1) explain the sentencer' s role in the narrative voice, a way of speaking that, at least in American society, appears to be associated with the assignment of responsibility; and (2) require heightened scrutiny of death sentences by state appellate courts, bringing the responsibility of state appellate judges in capital cases in line with the responsibility they bear in constitutional cases dealing with analogous mixed questions of fact and law under the First, …

African Courts, International Law, And Comparative Case Law: Chimera Or Emerging Human Rights Jurisprudence?, Mirna E. Adjami

Michigan Journal of International Law

Though the potential creation of a supranational human rights court has brought international attention to the African human rights system, international law and human rights scholars rarely turn to African examples when studying the domestic application of international human rights norms. This Article seeks to fill that gap by analyzing cases from several Anglophone common law countries in sub-Saharan Africa that invoke international law and comparative case law as interpretive support in their national fundamental rights jurisprudence.

The Lagrand Decision: The Evolving Legal Landscape Of The Vienna Convention On Consular Relations In U.S. Death Penalty Cases, Howard S. Schiffman

Santa Clara Law Review

No abstract provided.

Human Rights Beyond The War On Terrorism: Extradition Defenses Based On Prison Conditions In The United States, Daniel J. Sharfstein

Santa Clara Law Review

No abstract provided.

Symposium: Death Penalty From An International And Human Rights Law Perspective, Danielle Mitterrand

Santa Clara Law Review

No abstract provided.

A Feminist Look At The Death Penalty, Amy E. Pope

Law and Contemporary Problems

Pope gives an exploration of the need for a feminist perspective on capital punishment. She then begins to determine which feminist methodology is most appropriate to an analysis of the death penalty.

Theology In The Jury Room: Religious Discussion As "Extraneous Material" In The Course Of Capital Punishment Deliberations, Gregory M. Ashley

Vanderbilt Law Review

"Why would a God concerned about justice in a matter of life and death be willing to delegate an absolute power over life and death to such fallible and morally benighted creatures?'"

In the landmark Furman v. Georgia decision, Justice Brennan likened capital punishment to a mere game of chance: "When the punishment of death is inflicted in a trivial number of the cases in which it is legally available, the conclusion is virtually inescapable that it is being inflicted arbitrarily. Indeed, it smacks of little more than a lottery system." Although Brennan's argument in Furman focused primarily on disparities …