Topic
Capital Punishment
Posts
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NoteVol. 100 · Iss. 3
Addressing the Supreme Court’s Half-Baked Eighth Amendment Majoritarianism: How States Can Use Advisory Ballot Questions to Give More Legitimacy to the Court’s Death Penalty Decisions
Introduction Over its half-century-long struggle with how to determine whether a particular application of the death penalty is unconstitutional under the Eighth Amendment’s prohibition…
Dominic Ferrante -
ArticleVol. 87 · Iss. 3
Does the Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel and Unusual?
There is a great struggle in the United States between proponents of the death penalty and death penalty abolitionists who believe that the practice…
Meghan J. Ryan -
ArticleVol. 96 · Iss. 1
Evolved Standards, Evolving Justices? The Case for a Broader Application of the Eighth Amendment
In its Eighth Amendment cases, the Supreme Court has often cited counter-majoritarian considerations as the basis for exercising judicial restraint. As a result, excessive…
William W. Berry -
ArticleVol. 97 · Iss. 5
Denialism and the Death Penalty
The persistence of capital punishment as a constitutional form of punishment in the United States reflects deep denialism about the practice and the role…
Jenny-Brooke Condon -
ArticleVol. 97 · Iss. 1
Racial Antagonism, Sexual Betrayal, Graft, and More: Rethinking and Remedying the Universe of Defense Counsel Failings
Is a defendant entitled to a new trial when his counsel has repeatedly spouted ugly racial stereotypes and used racial epithets in referring to…
Sheri Lynn Johnson -
NoteVol. 90 · Iss. 6
When the Facts and the Law Are Against You, Argue the Genes?: A Pragmatic Analysis of Genotyping Mitigation Defenses for Psychopathic Defendants in Death Penalty Cases
The penalty phase in a capital case represents the most challenging, yet important part of the trial. Once a trial progresses to this stage,…
Brett Walker -
ArticleVol. 88 · Iss. 1
In Search of a Theory of Deference: The Eighth Amendment, Democratic Pedigree, and Constitutional Decision Making
The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional…
Eric Berger -
NoteVol. 90 · Iss. 2
The Trouble with Transfers: An Analysis of the Referral of Uwinkindi to the Republic of Rwanda for Trial
This Note will provide a brief overview of the Rwandan genocide, the U.N.’s establishment of the Tribunal, and efforts to bring the Tribunal to…
Jennifer Wren Morris -
ArticleVol. 89 · Iss. 3
Arbitrary Death: An Empirical Study of Mitigation
The Supreme Court has long viewed mitigation evidence as key to saving the death penalty from constitutional challenge. Mitigation evidence about a capital defendant’s…
Emily Hughes