Law Enforcement and Corrections Commons^™

The “Midnight Assassination Law” And Minnesota’S Anti-Death Penalty Movement, John Bessler

All Faculty Scholarship

This article traces the history of Minnesota's anti-death penalty movement and the 1889 Minnesota law - dubbed by contemporaries as the "midnight assassination law" - requiring private, nighttime executions. That law, authored by Minnesota legislator John Day Smith, restricted the number of execution spectators, prohibited newspapers from printing any execution details, and provided that only the fact of the execution could be lawfully printed. Also commonly referred to as the "John Day Smith law," this Minnesota statute was challenged as being unconstitutional by Minnesota newspapers after those newspapers printed details of a botched hanging and were charged with violating the …

Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt

Faculty Scholarship

Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.

Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …

Introduction, William S. Geimer, Scott E. Sundby

Capital Defense Journal

No abstract provided.

Kyles V. Whitley 115 S. Ct. 1555 (1995) United States Supreme Court

Capital Defense Journal

No abstract provided.

Virginia's New State Habeas: What Every Attorney Needs To Know, Gregory J. Weinig

Capital Defense Journal

No abstract provided.

Stockton V. Murray 41 F.3d 920 (4th Cir. 1994) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

The Executioners Sing, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Introduction, William S. Geimer

Capital Defense Journal

No abstract provided.

Murder, Capital Punishment, And Deterrence: A Review Of The Evidence And An Examination Of Police Killings., William C. Bailey, Ruth Peterson

Sociology & Criminology Faculty Publications

This paper reviews and assesses the empirical literature on murder, capital punishment, and deterrence. There is a large body of evidence regarding these issues, with studies yielding a rather consistent pattern of nondeterrence. However, most investigations are limited because they rely upon the general homicide rate as the criterion variable, although both legally and theoretically, different types of murder may be differentially subject to deterrence. As an example of how deterrence investigations may benefit from examining different types of homicide, we conduct a monthly time-series analysis of the possible deterrent effect of the provision for capital punishment, levels of execution, …

Burden V. Zant 114 S. Ct. 654 (1994)

Capital Defense Journal

No abstract provided.

Introduction, William S. Geimer

Capital Defense Journal

No abstract provided.

Spencer V. Murray (Spencer H) 18 F. 3d 229 (4th Cir. 1994)

Capital Defense Journal

No abstract provided.

Overlooked Victories: Techniques For Negotiating Non-Capital Outcomes, Lesley Meredith James

Capital Defense Journal

No abstract provided.

To Attain The Ends Of Justice: Confronting Virginia's Default Rules In Capital Cases, Michael A. Groot

Capital Defense Journal

No abstract provided.

Justice Blackmun And The "Failed Experiment", William S. Geimer

Capital Defense Journal

No abstract provided.

Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.

Mueller V. Virginia 113 S. Ct. 1880 (1993)

Capital Defense Journal

No abstract provided.

Sullivan V. Louisiana 113 S. Ct. 2078 (1993)

Capital Defense Journal

No abstract provided.

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, …

Wise V. Williams 982 F.2d 142 (4th Cir. 1992)

Capital Defense Journal

No abstract provided.

Gardner V. Dixon 1992 U.S. App. Lexis 28147

Capital Defense Journal

No abstract provided.

Narrowing The Scope Of Capital Murder During The Commission Of A Robbery: When Must The Intent To Rob Arise?, Robert F. Green

Capital Defense Journal

No abstract provided.

Chronological Outline Of A Capital Murder Trial, Rhonda L. Overstreet

Capital Defense Journal

No abstract provided.

Introduction, Scott E. Sundby

Capital Defense Journal

No abstract provided.

Herrera V. Collins 113 S. Ct. 853 (1993)

Capital Defense Journal

No abstract provided.

Flow Chart Of The Stages Of A Capital Murder Trial

Capital Defense Journal

No abstract provided.

Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler

All Faculty Scholarship

This article examines the history of public and private executions and the passage of private execution laws. It concludes that existing laws restricting media access to executions – and requiring private executions that exclude television cameras – are unconstitutional. The author examines existing statutory schemes which curtail media access and prohibit the filming of executions, discusses legal challenges to such laws, and explores freedom of the press jurisprudence. In particular, the article analyzes First Amendment case law and right-of-access cases. The author also discusses the Eighth Amendment's relationship to First Amendment case law in the area of media coverage of …

Medina V. California 112 S.Ct. 2572 (1992)

Capital Defense Journal

No abstract provided.

King V. Commonwealth 243 Va. 353, 416 S.E.2d 669 (1992)

Capital Defense Journal

No abstract provided.

Thomas V. Commonwealth 244 Va. 1, 419 S.E.2d 606 (1992)

Capital Defense Journal

No abstract provided.