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Full-Text Articles in Law
Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano, Richard J. Bonnie
Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano, Richard J. Bonnie
Washington and Lee Law Review
Joe Giarratano was on death row for twelve years, and remains incarcerated today, because mental illness and severe emotional distress wholly undermined reliable adjudication in his case. Using Giarratano’s remarkable story as a case study, I illustrate some of the ways in which mental illness and acute emotional distress can lead to unreliable findings and judgments and—even worse—can actually propel the criminal justice system toward a death sentence. I cover the unreliability of his confession, his impaired ability to assist counsel, his impaired capacity to make a rational decision regarding whether to initiate or continue post-conviction proceedings, his diminished mental …
The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson
The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson
Washington and Lee Law Review
No abstract provided.
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Washington and Lee Law Review
Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …
The Commonwealth Of Virginia V. Joseph Michael Giarratano: A Cautionary Tale, Todd C. Peppers
The Commonwealth Of Virginia V. Joseph Michael Giarratano: A Cautionary Tale, Todd C. Peppers
Washington and Lee Law Review
No abstract provided.
Lethal Injection: A Horrendous Brutality, Robin C. Konrad
Lethal Injection: A Horrendous Brutality, Robin C. Konrad
Washington and Lee Law Review
No abstract provided.
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Solitary Confinement Until Death By State-Sponsored Homicide: An Eighth Amendment Assessment Of The Modern Execution Process, Robert Johnson
Solitary Confinement Until Death By State-Sponsored Homicide: An Eighth Amendment Assessment Of The Modern Execution Process, Robert Johnson
Washington and Lee Law Review
No abstract provided.
The Demise Of Capital Clemency, Paul J. Larkin Jr.
The Demise Of Capital Clemency, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Phyllis Goldfarb
Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Phyllis Goldfarb
Washington and Lee Law Review
No abstract provided.
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Washington and Lee Law Review
No abstract provided.
The Supreme Court’S Talmudic Debate On The Meanings Of Guilt, Innocence, And Finality, Jonathan D. Colan
The Supreme Court’S Talmudic Debate On The Meanings Of Guilt, Innocence, And Finality, Jonathan D. Colan
Washington and Lee Law Review
No abstract provided.
The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein
The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein
Washington and Lee Law Review
No abstract provided.
A Tale Of Two Cases, Paul J. Larkin Jr.
A Tale Of Two Cases, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
A Curious Call For More Judicial Activism: Comment On Alexandra Klein's "The Freedom To Pursue A Common Calling", Mark Rush
Washington and Lee Law Review
No abstract provided.