Criminal Law Commons^™

The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert

Articles

Ehrlich's first point is that if one is searching for deterrence it is the law in action (i.e., the actual incidence of executions) rather than the law on the books (i.e., the presence or absence of the death penalty) which is crucial. His second point is that in order to spot deterrent effects other factors which might affect homicide rates, such as conviction rates and unemployment rates, must be held constant. Many of those who believe that Ehrlich's work is fundamentally flawed nevertheless accept these criticisms. This article follows Sellin's approach but takes account of Ehrlich's criticisms. Instead of comparing …

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 …

The Death Penalty Cases: Shaping Substantive Criminal Law, David R. Schieferstein

Indiana Law Journal

No abstract provided.

Administering The Death Penalty

Washington and Lee Law Review

No abstract provided.

Constitutional Law - The Eighth Amendment - The Eighth Amendment Prohibits The Penalty Of Death For One Who Neither Took Life, Attempted Or Intended To Take Life, Nor Contemplated That Life Would Be Taken, Charles H. Pangburn Iii

Villanova Law Review (1956 - )

No abstract provided.

Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert

Michigan Law Review

The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.

Constitutional Law - Eighth Amendment - Capital Punishment - State Death Penalty Statutes - Procedural Safeguards, Scott T. Redman

Duquesne Law Review

The Supreme Court of the United States has held that the Alabama death penalty statute which prohibited a jury instruction of lesser included offenses in a capital case is unconstitutional because it diminishes the reliability of the guilt determination process, leading to an arbitrary and irrational imposition of the death penalty.

Beck v. Alabama, 447 U.S. 625 (1980).

Capital Punishment And The Right To Life: Some Reflections On The Human Right As Absolute, Peter J. Riga

Seattle University Law Review

The right to life of the person and its various applications in different political situations is one of the most debated subjects of our day. This question is important today for a number of reasons: the widespread demand for abortion, the drive for the right to die, and the challenge to capital punishment. The debate seems at times to be confused: those opposing all forms of war and capital punishment seem to approve of abortion; while others vehemently opposed to abortion, approve of war and capital punishment. But this inconsistency disappears once an absolute view of man's right to life …

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns

Florida's Legislative And Judicial Responses To Furman V. Georgia: An Analysis And Criticism, Tim Thornton

Florida State University Law Review

No abstract provided.

Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris

Cleveland State Law Review

Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …

The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose

Cleveland State Law Review

In the eighteen months since the Supreme Court of the United States struck down capital punishment in Furman v. Georgia twenty-three states have reinstated the death penalty. While the Supreme Court has not yet heard arguments concerning the constitutionality of these statutes, their validity will determine the fate of the forty-four persons currently awaiting execution in eight states. It is the purpose of this comment to consider the statutes reinstating capital punishment, in light of Furman.

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …

The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar

Articles

Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …

Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green

Articles

THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …

Should Ohio Abolish Capital Punishment, Richard J. Goetz

Cleveland State Law Review

In view of all the controversy surrounding this topic, it is interesting to review the history of the death penalty in Ohio, in other states, and elsewhere in the world.

Book Review. Star Wormwood By Curtis Bok, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.

Capital Punishment Reconsidered, William O. Reichert

Kentucky Law Journal

No abstract provided.

Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs

Michigan Law Review

Defendant, a physician, was accused of the murder of his cancer-ridden patient by the injection of 40 c.c. of air into a vein of the patient's arm shortly before her death. The defendant had noted on the patient's medical chart the fact of the injection and that of her death, apparently a few minutes later. He subsequently dictated the same facts to his nurse, and later made similar admissions to local enforcement authorities and others making such statements on the day of his arrest and immediately thereafter. At the trial, a pathologist, called as an expert witness on behalf of …

Book Review. The Case Of Sacco And Vanzetti By Felix Frankfurter, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

The New Soviet Codes And Soviet Justice, Pitirim Sorokin

Michigan Law Review

Up to 1922 it is scarcely possible to speak of any justice, law, court and trial in Soviet Russia if we want to use these terms in their usual meanings. The years 1918-21 were the years of terror. And what this term means is clear from the following statement of Latzis, one of the heads of "The Extraordinary Commission for the Suppression of Counter-Revolution and Speculation" or the "Che-ka." "We do not carry on the war against the individuals: we are exterminating the bourgeoisie as a class. Do not look in the inquest for any material and for any evidences …

Mild Punishments, Robert Mcmurdy

Michigan Law Review

If life, freedom, or hope be taken from man, he is ashes. Therefore we ought not to take away any of them lightly. But some, restraint or punishment is necessary. We often miss our aim, however,'by prescribing punishments that are too severe, whereupon human nature revolts, so that it is "impossible to combine certainty with severity," a lesson we have long since learned from the experience of England.

The Courts Of Judea, Jerome C. Knowlton

Articles

The study of Jewish jurisprudence has become interesting during the past ten years through the efforts of some painstaking scholars, who have not been burdened with any particular dogma, but have been actuated by a true Christian spirit. They have been close students of those portions of the Talmud which throw light on the jurisprudence of the Jews.