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Articles 1 - 15 of 15
Full-Text Articles in Law
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Cornell Law Faculty Publications
No abstract provided.
Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents And Proponents: A California Sample, Robert J. Robinson
Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents And Proponents: A California Sample, Robert J. Robinson
Pepperdine Law Review
No abstract provided.
The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones
The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones
Pepperdine Law Review
No abstract provided.
The Delaware Death Penalty: An Empirical Study, Sheri Johnson, John H. Blume, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
The Delaware Death Penalty: An Empirical Study, Sheri Johnson, John H. Blume, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
Cornell Law Faculty Publications
For the last five years, we have conducted an empirical study of the “modern era” of capital punishment in Delaware. By “modern era,” we refer to the time period after the Supreme Court’s 1972 decision in Furman v.Georgia, which invalidated all then-existing state death penalty regimes. Some readers might ask, “Why Delaware?” They might observe that it is a small state and is not a significant national player in terms of death sentences imposed or death row inmates executed. While both are true, several features of Delaware’s capital punishment system intrigue us. First, Delaware has a high death sentencing rate. …
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
Ira P. Robbins
No abstract provided.
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Richard Daniel Klein
No abstract provided.
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 …
Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom
Pepperdine Law Review
No abstract provided.
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Journal of Appellate Practice and Process
No abstract provided.
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg
The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg
Pepperdine Law Review
In Strickland v. Washington the United States Supreme Court formulated the test for determining whether counsel in a criminal case is ineffective. When the Court decided Strickland it created a doctrine of enormous proportions, but with little impact--a legal tyrannosaurus rex without teeth. In the last decade, by using American Bar Association (“ABA”) standards to evaluate counsel's performance, the Court has given the T-Rex some sizable incisors. The purposes of this article are to: (1) determine how frequently the United States Supreme Court uses ABA standards in its decisions and describe briefly for what purposes the Court uses those standards; …
Remedying Wrongful Execution, Meghan J. Ryan
Remedying Wrongful Execution, Meghan J. Ryan
University of Michigan Journal of Law Reform
The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …
Capital Punishment And The Intellectually Disabled: Controversies, Constitutionality, And The Supreme Court, Dill Ayres
Capital Punishment And The Intellectually Disabled: Controversies, Constitutionality, And The Supreme Court, Dill Ayres
The Trinity Papers (2011 - present)
No abstract provided.
The Texas Deterrence Muddle, Jeffrey A. Fagan, Amanda Geller, Franklin E. Zimring
The Texas Deterrence Muddle, Jeffrey A. Fagan, Amanda Geller, Franklin E. Zimring
Faculty Scholarship
The ongoing debate about capital punishment in the United States juggles several contentious questions. Innocence, cost, racial fairness, proportionality, retributivist calculus, and deterrence concerns thread a literature whose richness testifies to the endurance of capital punishment in American legal and political culture. For proponents of capital punishment, the connection between the moral and utilitarian or consequentialist positions trumps all other concerns: They suggest that if the death penalty can prevent – through the incapacitation of the offender and general deterrence of would-be killers – the loss of even one innocent life from murder, then execution is a morally justified or …
David Baldus And The Legacy Of Mccleskey V. Kemp, Samuel R. Gross
David Baldus And The Legacy Of Mccleskey V. Kemp, Samuel R. Gross
Articles
The first major empirical challenge to racial discrimination in the use of the death penalty in the United States was presented in federal court in the case of William L. Maxwell, who was sentenced to death in Arkansas in 1962 for the crime of rape.1 It was based on a landmark study by Marvin Wolfgang, a distinguished criminologist who had collected data on some 3000 rape convictions from 1945 through 1965 in selected counties across eleven southern states.2 He found that black men who were convicted of rape were seven times more likely to be sentenced to death than white …