Law Commons^™

Chandler V. United States: Does The Defense Attorney Have A Legal Obligation To Present Mitigation Evidence In Eleventh Circuit Death Penalty Cases?, Bill Cristman

Georgia State University Law Review

No abstract provided.

Averting Mistaken Executions By Adopting The Model Penal Code's Exclusion Of Death In The Presence Of Lingering Doubt, Margery Malkin Koosed

Northern Illinois University Law Review

This article urges adopting the Model Penal Code's exclusion of the death penalty when the evidence does not foreclose all doubt respecting the defendant's guilt. Adopting a modified version of the Code's section 210.6(1)(f) would both save innocent lives and lessen burdens on our justice system. While the trial jury may convict on proof beyond a reasonable doubt of capital murder, the case would not proceed to a penalty phase unless jurors found the elements proven by a stronger standard. Illinois is now reevaluating its system of capital punishment, desperately seeking means of averting the execution of innocents. That real …

No One Can Serve Two Masters: Arguments Against Private Prosecutors, Matthew S. Nichols

Capital Defense Journal

No abstract provided.

The Innocence Protection Act Of 2001, Senator Patrick Leahy

Hofstra Law Review

No abstract provided.

Informing Capital Juries About Parole: The Effect On Life Or Death Decisions, C. Lindsey Morrill

Kentucky Law Journal

No abstract provided.

Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck

Hofstra Law Review

No abstract provided.

Errors And Ethics: Dilemmas In Death, Penny J. White

Hofstra Law Review

No abstract provided.

Earl Washington's Ordeal, Eric M. Freedman

Hofstra Law Review

By way of preface to this Symposium, I offer an account of the ordeal of Earl Washington, who-having come within days of execution-was released from prison on February 12, 2001, after DNA evidence of his innocence finally proved conclusive to the Virginia authorities. I do so for two reasons.

First, I believe, both as a member of his legal team and a scholar, that history deserves an accurate account of the events. Second, more broadly, I believe that the case exemplifies many of the phenomena that contribute to the injustice of the death penalty in America today, and that its …

Preventing The Execution Of The Innocent: Testimony Before The House Judiciary Committee, Peter Neufeld

Hofstra Law Review

No abstract provided.

The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan

Cleveland State Law Review

The essence of the argument is this: all punishment must be inflicted in cold blood; whatever damage we do to others not in cold blood is not punishment but self-defense or revenge; what we have a right to inflict in cold blood is a question of the rules of just social cooperation and especially the justice of the sanctions required to sustain those rules; it is here argued that the fundamental principle is that we may inflict whatever punishment is necessary to deter wrongdoing and not disproportionate to the offence; I do not dismiss 'pure' retribution as a goal of …

Congressional Power To Require Dna Testing, Larry Yackle

Hofstra Law Review

No abstract provided.