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The Marriage Of State Law And Individual Rights And A New Limit On The Federal Death Penalty, Jonathan Ross
The Marriage Of State Law And Individual Rights And A New Limit On The Federal Death Penalty, Jonathan Ross
Cleveland State Law Review
Since the 1990s, federal prosecutors have, with increasing frequency, sought the death penalty for federal offenses committed in and also punishable under the laws of non-death penalty states. Critics of this practice have pointed out that federal prosecutors can use the federal death penalty to circumvent a state's abolition of capital punishment. Courts, however, have almost unanimously rejected arguments that state law should be a shield from federal punishment for federal offenses. This article proposes a novel way to challenge the federal death penalty's use in a non-death penalty state—the Supreme Court's reasoning in United States v. Windsor. In Windsor, …
Inconsistent Methods For The Adjudication Of Alleged Mentally Retarded Individuals: A Comparison Of Ohio's And Georgia's Post-Atkins Frameworks For Determining Mental Retardation, Scott R. Poe
Cleveland State Law Review
This Note compares Ohio's and Georgia's post-Atkins frameworks for determining mental retardation. Ohio's framework offers a fairer application of Atkins and should serve as a guide for a national legal standard for use by state trial courts to determine mental retardation. Specifically, Ohio's use of preponderance of the evidence is a more appropriate standard of proof for determining mental retardation because it better reaches the overall goal in Atkins. Allowing the judge to make the mental retardation determination protects the alleged mentally retarded defendant from potential jury bias. Because Ohio's and Georgia's definitions of mental retardation are substantially similar and …
Nothing Less Than The Dignity Of Man: Evolving Standards, Botched Executions And Utah's Controversial Use Of The Firing Squad , Christopher Q. Cutler
Nothing Less Than The Dignity Of Man: Evolving Standards, Botched Executions And Utah's Controversial Use Of The Firing Squad , Christopher Q. Cutler
Cleveland State Law Review
While outrage boils to the surface when Utah uses its firing squad option, there is little substantive legal development concerning the firing squad's use. Few cases have challenged the firing squad's constitutionality. This article discusses the legal and political implications of the firing squad. Using the Supreme Court's everdeveloping Eighth Amendment jurisprudence as a guide, this article discusses whether the firing squad, both historically and in its present application, passes constitutional muster. Beyond those factors that trigger constitutional protection, this article discusses those elements of the firing squad's use which define society's humanity and demonstrate our dignity. In the end, …
Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris
Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris
Cleveland State Law Review
Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …