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Full-Text Articles in Social and Behavioral Sciences
Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz
Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz
Adam M. Gershowitz
This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …
An Ntsb For Capital Punishment, Adam M. Gershowitz
An Ntsb For Capital Punishment, Adam M. Gershowitz
Adam M. Gershowitz
When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …
Testing The Marshall Hypothesis: A Survey Among Justice And Safety College Students, Kimberly Alice Barrett
Testing The Marshall Hypothesis: A Survey Among Justice And Safety College Students, Kimberly Alice Barrett
Online Theses and Dissertations
In his concurrence with the Supreme Court ruling in Furman v. Georgia (1972), Justice Thurgood Marshall postulated that levels of support for capital punishment are associated with the amount of knowledge about the death penalty process. He suggested that exposure to information about capital punishment produces sentiments in opposition to capital punishment except in instances for which support is based on retributive beliefs. These notions have become known as the Marshall Hypothesis and have been empirically tested among a variety of populations. The research presented in this thesis adds to that body of literature by testing these ideas among a …