Law Commons^™

No Clean Hands In A Dirty Business: Firing Squads And The Euphemism Of "Evolving Standards Of Decency", Alexander Vey

Vanderbilt Law Review

"If we, as a society, cannot stomach the splatter from an execution carried out by firing squad, then we shouldn't be carrying out executions at all." Judge Kozinski of the Ninth Circuit Court of Appeals laid down this challenge to reform the "inherently flawed" use of lethal injection in carrying out the death penalty. Justice Sotomayor recently voiced similar concerns, stating, "[W]e deserve to know the price of our collective comfort before we blindly allow a State to make condemned inmates pay it in our names." These judges' reasoning should underlie any discussion of the death penalty: can we, as …

Statewide Capital Punishment: The Case For Eliminating Counties' Role In The Death Penalty, Adam M. Gershowitz

Vanderbilt Law Review

The State of Texas is known as the capital of capital punishment.' But is that reputation deserved? In a way, yes. Texas sends more people to death row than any other state, and it executes them far faster. However, in another way, it is incorrect to suggest that "the State" of Texas is a prolific user of capital punishment. Death penalty cases are prosecuted by counties, not the state, and a majority of Texas's counties have never imposed the death penalty. In fact, only a handful of Texas's 254 counties regularly seek the death penalty. Many other states have a …

Theology In The Jury Room: Religious Discussion As "Extraneous Material" In The Course Of Capital Punishment Deliberations, Gregory M. Ashley

Vanderbilt Law Review

"Why would a God concerned about justice in a matter of life and death be willing to delegate an absolute power over life and death to such fallible and morally benighted creatures?'"

In the landmark Furman v. Georgia decision, Justice Brennan likened capital punishment to a mere game of chance: "When the punishment of death is inflicted in a trivial number of the cases in which it is legally available, the conclusion is virtually inescapable that it is being inflicted arbitrarily. Indeed, it smacks of little more than a lottery system." Although Brennan's argument in Furman focused primarily on disparities …

Capital Punishment Of Kids: When Courts Permit Parents To Act On Their Religious Beliefs At The Expense Of Their Children's Lives, Janet J. Anderson

Vanderbilt Law Review

Criminal liability of parents who treat their children's illnesses through spiritual means or prayer alone is the subject of increasing debate. When children die as a result of their parents' religious practices, prosecutions for crimes such as felony child endangerment, manslaughter, and murder may follow. Most states have codified some type of religious accommodation statute which provides a criminal liability exemption for parents who engage in spiritual healing or prayer treatment for their sick children instead of seeking traditional medical assistance. The scope, purpose, and language of these statutes, however, vary." Even when statutes appear to be similar in content, …

Challenging The Death Penalty Under State Constitutions, James R. Acker, Elizabeth R. Walsh

Vanderbilt Law Review

Death penalty litigation that reaches the Supreme Court now causes at least as much consternation as hope among opponents of capital punishment. Simply not losing rights that once were considered secure can be tantamount to victory in capital cases decided by the Court,and few defendants and opponents of capital punishment expect much more. It was not always so. Hopes were once high that the Supreme Court, and the federal courts generally, would effectively bring an end to capital punishment in America.

That prospect is now remote, at best. Death row populations are sky rocketing and executions are on the rise. …

Deterrence, Death, And The Victims Of Crime: A Common Sense Approach, Frank G. Carrington

Vanderbilt Law Review

The concept of deterrence is one of the most important in the formulations of the victim advocate, primarily because of two essential premises that underlie the entire field of victim advocacy.The first, but not necessarily the most important, of these premises concerns the policy that favors assuaging the plight of persons after they have been victimized. This relief can be provided in a number of different ways: compensation to innocent victims from the states; restitution to victims as a condition of granting probation to the criminal; victim counselling; and victim/witness assistance programs.' The second premise of victim advocacy, namely,preventing victimization …

Eighth Amendment Challenges To The Death Penalty: The Relevance Of Informed Public Opinion, Charles W. Thomas

Vanderbilt Law Review

In light of the Court's recent holding in Gregg v. Georgia, future death penalty challenges almost certainly will focus upon the type and quality of evidence available to serve as "objective indicia that reflect the public attitude toward a given sanction."'" Unfortunately, the "objective indicia" that can be relied upon and the manner in which they are to be weighted is not altogether clear. In Gregg, for example, the Court emphasized such traditional considerations as legislative enactments, decisions rendered by juries, and the single post-Furman referendum on the death penalty.'" Additionally, evidence pertaining to the determinants of public support for …