Law

Litigating in the Shadow of Death

Litigating in the Shadow of Death

Author: Welsh S. White

Publisher: University of Michigan Press

ISBN: 9780472021598

Category: Law

Page: 232

View: 815

"Anyone who cares about capital punishment should read this compelling, lucid account of the obstacles defense attorneys face and the strategies they adopt." --John Parry, University of Pittsburgh School of Law "With its compelling narratives of cases, strategies, and ethical dilemmas, Litigating in the Shadow of Death is difficult to put down. . . . This pathbreaking book encapsulates the experience of the most respected capital defenders in America and shows how they save even the worst of the worst from execution. It also shows how sleeping and otherwise incompetent lawyers bring death sentences to their clients. Litigating in the Shadow of Death explores the lawyers' tasks at every stage of the criminal process--investigation, client interviewing, conferring with victims' families, plea bargaining, trial, appeal, and post-conviction proceedings." --Albert W. Alschuler, Julius Kreeger Professor of Law and Criminology, University of Chicago "A unique and profoundly important contribution to the literature on the death penalty. White allows the leading capital defense attorneys to speak in their own voices. His work reveals a new source of arbitrariness in the death system--whether the penalty is imposed turns more on who is your lawyer than on how evil was your deed or your character. Litigating in the Shadow of Death offers concrete guidelines for better lawyering, protection of the innocent, and understanding the artistry of the best capital attorneys. This is vivid, gripping stuff." --Andrew Taslitz, Professor of Law, Howard University "A most illuminating book by a splendid writer and an eminent critic of the capital punishment system." --Yale Kamisar, Professor of Law, University of San Diego "Welsh White has written another excellent book on the death penalty--this one on how defense attorneys in capital cases successfully prevent the state from executing their clients. Based on original research, Litigating in the Shadow of Death is informative and insightful. This is a book that all serious students of American capital punishment must read." --Richard Leo, University of California, Irvine Welsh S. White was Bessie McKee Walthour Endowed Chair and Professor of Law at the University of Pittsburgh.
Law

Deadly Justice

Deadly Justice

Author: Frank Baumgartner

Publisher: Oxford University Press

ISBN: 9780190841546

Category: Law

Page: 416

View: 296

In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and--not least--the Supreme Court itself.
Law

Among the Lowest of the Dead

Among the Lowest of the Dead

Author: David Von Drehle

Publisher: University of Michigan Press

ISBN: 0472031236

Category: Law

Page: 469

View: 772

A study of the human side of the death penalty shares portraits of survivors of murder victims awaiting justice, lawyers on both sides of cases, judges who pronounce sentences, governors who sign death warrants, and, above all, the condemned.
Capital punishment

The Adequacy of Representation in Capital Cases

The Adequacy of Representation in Capital Cases

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )

Publisher:

ISBN: PSU:000065519394

Category: Capital punishment

Page: 152

View: 562

Political Science

Eligible for Execution

Eligible for Execution

Author: Thomas G. Walker

Publisher: SAGE

ISBN: 9781483304533

Category: Political Science

Page: 320

View: 627

This riveting and enlightening narrative unfolds on the night of August 16, 1996, with the brutal and senseless murder of Eric Nesbitt, a young man stationed at Langley Air Force Base, at the hands of 18-year-old Daryl Atkins. Over the course of more than a decade, Atkins’s case has bounced between the lowest and the highest levels of the judicial system. Found guilty and then sentenced to death in 1998 for Nesbitt’s murder, the Atkins case was then taken up in 2002 by the U.S. Supreme Court. The issue before the justices: given Daryl Atkins’s mental retardation, would his execution constitute cruel and unusual punishment, in violation of the Eighth Amendment? A 6–3 vote said yes. Daryl Atkins’s situation was far from being resolved though. Prosecutors claimed that Atkins failed to meet the statutory definition of mental retardation and reinstituted procedures to carry out his death sentence. Back in circuit court, the jury returned its verdict: Daryl Atkins was not retarded. Atkins’s attorneys promptly filed a notice of appeal, and the case continues today. Drawing on interviews with key participants; direct observation of the hearings; and close examination of court documents, transcripts, and press accounts, Thomas G. Walker provides readers with a rare view of the entire judicial process. Never losing sight of the stakes in a death penalty case, he explains each step in Atkins’s legal journey from the interactions of local law enforcement, to the decision-making process of the state prosecutor, to the Supreme Court’s ruling, and beyond. Walker sheds light on how legal institutions and procedures work in real life—and how they are all interrelated—to help students better understand constitutional issues, the courts, and the criminal justice system. Throughout, Walker also addresses how disability, race, and other key demographic and social issues affect the case and society’s views on the death penalty.
Law

Understanding Capital Punishment Law

Understanding Capital Punishment Law

Author: Linda E. Carter

Publisher: LexisNexis

ISBN: 9780327184188

Category: Law

Page: 663

View: 996

This treatise is designed to provide an overview of the complex issues surrounding capital punishment. The primary emphasis of Understanding Capital Punishment Law is an explanation of the constitutional law that governs death penalty proceedings in the United States. Understanding Capital Punishment Law is structured in five parts: Overview. These chapters include arguments for and against capital punishment, and an overview of the legal constructs for analysis of Eighth Amendment issues. Trial Procedures. This group of chapters covers the constitutional issues that have shaped the process into a guilt phase and a penalty phase: aggravating circumstances, mitigating circumstances, and a decision on death or life. Topics include categorical bars to the death penalty, such as mental retardation; the function of aggravating evidence to narrow the group of death-eligible defendants; the presentation of aggravating evidence, such as victim-impact evidence; the function of mitigating evidence to provide for individualized consideration of the defendant; the presentation of mitigating evidence; and the decision process, including the distinction between weighing and non-weighing states and life without parole instructions. Post-Trial Procedures. These chapters include direct appeal; habeas corpus, with an emphasis on ineffective assistance of counsel and innocence claims; clemency; and death row issues of insanity and the death row phenomenon. Systemic Issues. Pervasive issues of race and gender discrimination are covered as well as the constitutional and practical problem of 'volunteers' for the death penalty. Additionally, there is a chapter that explains and describes international treaty issues in capital cases. Future Issues. A final chapter looks at issues that are likely to arise in future death penalty cases, including the constitutionality of executing juveniles and the effect of terrorism on death penalty law.
Political Science

Judicial Politics in the United States

Judicial Politics in the United States

Author: Mark C. Miller

Publisher: Routledge

ISBN: 9780429962158

Category: Political Science

Page: 448

View: 232

Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Social Science

Voices from Criminal Justice

Voices from Criminal Justice

Author: Heith Copes

Publisher: Routledge

ISBN: 9781317273745

Category: Social Science

Page: 568

View: 783

Voices from Criminal Justice, Second Edition, gives students rich insight into the criminal justice system from the point of view of practitioners, as well as outsiders—citizens, clients, jurors, probationers, or inmates. These qualitative and teachable articles cover all three components of the criminal justice system, ensuring students will be better informed about the daily realities of criminal justice professionals in law enforcement, courts, and corrections. At the same time, the juxtaposition of insider and outsider views allows students to look beyond the actual content of the articles and develop their own views about the functions and flaws of the criminal justice system on a societal level. This innovative reader, now with seven new articles designed to stimulate discussions and promote critical thought, is perfect for undergraduate criminal justice courses in the United States, and has proven to be an effective companion or alternative to traditional introductory textbooks. Voices from Criminal Justice, Second Edition, also offers a framework for more advanced students in special issues or capstone courses to synthesize information from earlier courses and develop their own view of American justice.
History

The Cadaver King and the Country Dentist

The Cadaver King and the Country Dentist

Author: Radley Balko

Publisher: Hachette UK

ISBN: 9781610396929

Category: History

Page: 285

View: 390

A shocking and deeply reported account of the persistent plague of institutional racism and junk forensic science in our criminal justice system, and its devastating effect on innocent lives After two three-year-old girls were raped and murdered in rural Mississippi, law enforcement pursued and convicted two innocent men: Kennedy Brewer and Levon Brooks. Together they spent a combined thirty years in prison before finally being exonerated in 2008. Meanwhile, the real killer remained free. The Cadaver King and the Country Dentist recounts the story of how the criminal justice system allowed this to happen, and of how two men, Dr. Steven Hayne and Dr. Michael West, built successful careers on the back of that structure. For nearly two decades, Hayne, a medical examiner, performed the vast majority of Mississippi's autopsies, while his friend Dr. West, a local dentist, pitched himself as a forensic jack-of-all-trades. Together they became the go-to experts for prosecutors and helped put countless Mississippians in prison. But then some of those convictions began to fall apart. Here, Radley Balko and Tucker Carrington tell the haunting story of how the courts and Mississippi's death investigation system -- a relic of the Jim Crow era -- failed to deliver justice for its citizens. The authors argue that bad forensics, structural racism, and institutional failures are at fault, raising sobering questions about our ability and willingness to address these crucial issues.
Capital punishment

Symposium

Symposium

Author:

Publisher:

ISBN: STANFORD:36105063784230

Category: Capital punishment

Page: 339

View: 842

Law

Michigan Law Review

Michigan Law Review

Author:

Publisher:

ISBN: NYPL:33433073491353

Category: Law

Page:

View: 973

Constitutional law

Thurgood Marshall

Thurgood Marshall

Author:

Publisher:

ISBN: STANFORD:36105063785633

Category: Constitutional law

Page: 352

View: 154