All Articles tagged death penalty

• General
  December 12, 2018 EDT
  PRESERVING LIFE BY RANKING RIGHTS
  John Williams Draper

  This article discusses the protection of life as the ultimate, fundamental right in U.S. constitutional law.

• Justice Commentaries
  July 17, 2018 EDT
  SNAKE OIL WITH A BITE: THE LETHAL VENEER OF SCIENCE AND TEXAS’S DEATH PENALTY
  James R. Acker

  This article examines the several stages of Texas capital prosecutions in which unreliable expert and scientific opinions have contributed to the prosecution and execution of persons accused of committing murder.

• General
  January 01, 2018 EDT
  LETHAL REJECTION: AN EMPIRICAL ANALYSIS OF THE ASTONISHING PLUNGE IN DEATH SENTENCES IN THE UNITED STATES FROM THEIR POST-FURMAN PEAK
  David McCordTalia Roitberg Harmon

  This article examines empirical analysis conducted over a two-decade period to determine what significant contributing factors led to the decline of death sentences in the post-Furman era.

• Justice Commentaries
  November 08, 2017 EDT
  ENFORCING RIGHTS FORIMMIGRANTS FACING THE ULTIMATE CRIMINAL PENALTY: DEPORTATION
  Kelly Anderson

  This article argues that deportation should be considered an "ultimate punishment," and therefore treated with an eye toward the same policy that underlies the constitutionality of the death penalty.

• Justice Commentaries
  December 08, 2016 EDT
  THESE LIVES MATTER, THOSE ONES DON’T: COMPARING EXECUTION RATES BY THE RACE AND GENDER OF THE VICTIM IN THE U.S. AND IN THE TOP DEATH PENALTY STATES
  Frank R. BaumgartnerEmma JohnsonColin WilsonClarke Whitehead

  This article argues that the death penalty, as applied in every major state, violates the most basic concepts of equal protection.

• General
  January 01, 2013 EDT
  THE SUPREME COURT AND POLITICAL SPEECH IN THE 21ST CENTURY: THE IMPLICATIONS OF HOLDER V. HUMANITARIAN LAW PROJECT
  Marjorie Heins

  This article surveys reactions to Holder in the broader context of the Roberts Court‘s First Amendment jurisprudence, and cautiously assesses the likely long-term consequences of the decision.

• Justice Commentaries
  May 05, 2012 EDT
  THE UNPREDICTABLE JOURNEY
  Jennifer Thompson

  In this essay, the author recounts her experience misidentifying an innocent person that was later convicted for rape.

• State Constitutional Commentary
  August 08, 2009 EDT
  STATE CONSTITUTIONAL ADJUDICATION IN A FOOTNOTE? A CRITIQUE OF THE SUPREME COURT OF LOUISIANA’S DECISION IN STATE V. KENNEDY
  Kevin Blackwell

  This article explores what the standard for excessive punishment under the Constitution of Louisiana is, and how the Supreme Court of Louisiana could have adjudicated State v. Perry more appropriately.

• New York Appeals
  May 05, 2009 EDT
  MY PERSPECTIVE ON THE RECENT NEW YORK DEATH PENALTY CASES
  Robert S. Smith

  These remarks discuss People v. Taylor, a New York death penalty case.

• General
  January 01, 2006 EDT
  BRIEFLY RESUSCITATING THE GREAT WRIT: THE INTERNATIONAL COURT OF JUSTICE AND THE U.S. DEATH PENALTY
  Susan L. Karamanian

  Symposium remarks on citation to foreign precedent.

• General
  January 01, 2005 EDT
  PEOPLE V. CAHILL: DOMESTIC VIOLENCE AND THE DEATH PENALTY DEBATE IN NEW YORK
  Russell G. Murphy

  This article considers New York's death penalty statute and proposes categories of death penalty-eligible offenses.