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“Why Rebottle The Genie?”: Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira
“Why Rebottle The Genie?”: Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira
Jody L Madeira
Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant’s constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …
When It's So Hard To Relate: Can Legal Systems Mitigate The Trauma Of Victim-Offender Relationships?, Jody L. Madeira
When It's So Hard To Relate: Can Legal Systems Mitigate The Trauma Of Victim-Offender Relationships?, Jody L. Madeira
Jody L Madeira
This article argues that, in the aftermath of violent crime, a relationship that is both negative and involuntary can form between crime victims and offenders. This relationship fetters the victim to the crime and the criminal, rendering it difficult to recover from the transgression. To illustrate how such a relationship may form and what consequences it may have for victims, this article uses the Oklahoma City bombing as a case study, documenting through the use of original interviews an involuntary relationship in which victims’ family members and survivors perceived they were tethered to Timothy McVeigh. This perceived relationship with McVeigh …