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Full-Text Articles in Law
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Campbell Law Review
What is the effect of a deadlocked jury in a sentencing hearing for the application of the death penalty on the termination of jeopardy? This comment will explore this issue as presented in Sattazahn v. Pennsylvania, and analyze not only the arguments made in both the majority and dissenting opinions, but other considerations which arise when deciding if double jeopardy protections should apply. Also considered in the comment is the effect of the Sattazahn decision on future criminal defendants. What consequences will this decision have for the death row defendant when trying to decide whether to appeal his possibly erroneous …
Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Campbell Law Review
This comment begins by discussing the historical development of the juvenile justice system and society's use of shaming penalties. In Section III, it will point out the dangers of using shaming penalties on juvenile offenders. Section IV will explore how the highest courts in two major jurisdictions may handle an appeal from a fictional juvenile sentenced to a shaming punishment. Finally, the comment will discuss possible improvements in the juvenile justice system.
North Carolina's (F)(1) Mitigating Circumstance: Does It Truly Serve To Mitigate?, Ashley P. Maddox
North Carolina's (F)(1) Mitigating Circumstance: Does It Truly Serve To Mitigate?, Ashley P. Maddox
Campbell Law Review
The purpose of this article is to bring awareness to the misapplication of North Carolina's (f)(1) mitigating circumstance. Part II provides the legal development of the Eighth Amendment in the United States Supreme Court. Part III provides a background on North Carolina's death penalty scheme. Part IV addresses North Carolina law on mitigating circumstances. Finally, Part V provides analogous situations in the criminal law of North Carolina where the same acts admitted under the (f)(1) mitigating circumstance are treated as "significant", including The Structured Sentencing Act, The Habitual Offender Act, and the submission of the (e)(3) aggravating circumstance and the …
Criminal Defendants Deemed Incapable To Proceed To Trial: An Evaluation Of North Carolina's Statutory Scheme, Jennifer L. Morris
Criminal Defendants Deemed Incapable To Proceed To Trial: An Evaluation Of North Carolina's Statutory Scheme, Jennifer L. Morris
Campbell Law Review
This Comment will first address North Carolina's statute governing incapacity to proceed to trial. Next, this Comment will turn to the purpose and need for involuntary commitment, followed by a discussion of and explanations for the correlation between mental illness and criminal incarceration. This Comment will then present some suggestions for statutory revision of the existing North Carolina statute and will conclude with a brief discussion of funding issues.