Law Enforcement and Corrections Commons^™

Proportionality Review: Still Inadequate, But Still Necessary, Cynthia M. Bruce

Capital Defense Journal

No abstract provided.

Racial Disparities In The Capital System: Invidious Or Accidental?, Kathryn Roe Eldridge

Capital Defense Journal

No abstract provided.

A Positive First Step: The Joint Legislative Audit And Review Commission's Review Of Virginia's System Of Capital Punishment

Capital Defense Journal

No abstract provided.

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 …

America’S Death Penalty: Just Another Form Of Violence, John Bessler

All Faculty Scholarship

The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.

Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich

All Faculty Scholarship

The criminal justice pendulum may be swinging back in the direction of fairness. The Innocence Protection Act of 2001, introduced in both the Senate and the House of Representatives earlier this year, promises meaningful reforms in the administration of capital punishment in the United States.

Unlike previous slabs at reform, the Innocence Protection Act (lPA) has a real chance to become law because it commands unusually broad bipartisan support. The Senate bill (S. 486) is sponsored by Democrat Pat Leahy of Vermont and Republican Gordon Smith of Oregon. The House bill (H.R. 912) is sponsored by Democrat Bill Delahunt of …

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

Capital Defense Journal

No abstract provided.

Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross

Articles

In Lonnie Weeks's capital murder trial in Virginia in 1993, the jury was instructed: If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt, either of the two alternative aggravating factors], and as to that alternative you are unanimous, then you may fix the punishment of the defendant at death or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at life imprisonment ... This instruction is plainly ambiguous, at least to a lay audience. Does it mean that if the …

Evolution Of An Eighth Amendment Dichotomy: Substantive And Procedural Protections Within The Cruel And Unusual Punishment Clause In Capital Cases, Kimberly A. Orem

Capital Defense Journal

No abstract provided.

Procedural Default: A De Facto Exception To Civility?, Ashley Flynn

Capital Defense Journal

No abstract provided.

Bridging The Procedural Default Chasm, Matthew K. Mahoney

Capital Defense Journal

No abstract provided.

The Role Of Forgiveness In Capital Murder Cases, Paige Mcthenia

Capital Defense Journal

No abstract provided.

Improving Process In Virginia Capital Cases, Robert H. Robinson, Jr.

Capital Defense Journal

No abstract provided.

Capital Attrition: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffery Fagan, Valerie West, Jonathan Lloyd

Faculty Scholarship

Americans seem to be of two minds about the death penalty. In the last several years, the overall number of executions has risen steeply, reaching a fifty year high this year. Although two-thirds of the public support the penalty, this figure represents a sharp decline from the four-fifths of the population that endorsed the death penalty only six years ago, leaving support for capital punishment at a twenty year low. When life without parole is offered as an alternative, support for the penalty drops even more – often below a majority. Grants of executive clemency reached a twenty year high …

A Quarter Century Of Death: A Symposium On Capital Punishment In Virginia Since Furman V. Georgia - Introduction

Capital Defense Journal

No abstract provided.

Expansion Of Section 18.2-31 Of The Virginia Code, Hammad S. Matin

Capital Defense Journal

No abstract provided.

Suggestions For Capital Reform In Virginia, Alix M. Karl

Capital Defense Journal

No abstract provided.

Predicate Felonies In The Context Of Capital Cases, Heather L. Necklaus

Capital Defense Journal

No abstract provided.

A Quarter Century Of Death: A Symposium On Capital Punishment In Virginia Since Furman V. Georgia Conclusion

Capital Defense Journal

No abstract provided.

Williams V. Angelone No. 98-28, 1999 Wl 249026 (4th Cir. Apr. 28, 1999)

Capital Defense Journal

No abstract provided.

Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer

Theses Digitization Project

No abstract provided.

Virginia's "21 Day Rule" And Illinois' Death Row Debacle: A Comparative Study In Capital Justice And The Relevance Of Innocence, Anne E. Duprey

Capital Defense Journal

No abstract provided.

Resurrecting The Confrontation Clause In Virginia, Joseph D. Platania

Capital Defense Journal

No abstract provided.

Greene V. Georgia 117 S. Ct. 578 (1996) United States Supreme Court

Capital Defense Journal

No abstract provided.

The "Agony Of Suspense": How Protracted Death Row Confinement Gives Rise To An Eighth Amendment Claim Of Cruel And Unusual Punishment, Kathleen M. Flynn

Washington and Lee Law Review

No abstract provided.

Lonchar V. Thomas 116 S. Ct. 1293 (1996) United States Supreme Court

Capital Defense Journal

No abstract provided.

The Incredible Shrinking Writ: Habeas Corpus Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Jeanne-Marie S. Raymond

Capital Defense Journal

No abstract provided.

Introduction, William S. Geimer, Scott E. Sundby

Capital Defense Journal

No abstract provided.

Turner V. Jabe 58 F.3d 924 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Townes V. Murray 68 F.3d 84 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.