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Full-Text Articles in Law
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker
Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker
Law and Contemporary Problems
Steiker and Steiker discuss the ABA's resolutions regarding the execution of juveniles and persons with mental retardation. The strongest legal case for the ABA's position requires a more nuanced argument than the ABA has advanced.
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Law and Contemporary Problems
Gross discusses the incidence of erroneous convictions for capital murder, which are systematic consequences of the natuere of homicide prosection in general and capital prosecution in particular.
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
Law and Contemporary Problems
Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Law and Contemporary Problems
Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.
Moratorium On The Death Penalty For Juveniles, Victor L. Streib
Moratorium On The Death Penalty For Juveniles, Victor L. Streib
Law and Contemporary Problems
Streib offers a sketch of the sentences and actual executions in the juvenile death penalty system for the past quarter-century. The ABA's moratorium calls for the complete prevention of the execution of offenders under age 18 at the time of their crimes.
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
Law and Contemporary Problems
Yackle evaluates the ABA's claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA's policy for habeas corpus.
Appendix: American Bar Association Resolution
Appendix: American Bar Association Resolution
Law and Contemporary Problems
The ABA's resolution and report regarding its moratorium on capital punishment is offered.
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Law and Contemporary Problems
Bilionis argues that the American Bar Association's moratorium resolution on capital punishment doesn't challenge the capacity of the Eighth Amendment.
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
Law and Contemporary Problems
Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.