Understanding Capital Punishment Law
- ISBN-10
- 0769849024
- ISBN-13
- 9780769849027
- Category
- Capital punishment
- Pages
- 485
- Language
- English
- Published
- 2012-01-01
- Publisher
- LexisNexis
- Authors
- Linda E. Carter, Ellen Kreitzberg, Scott W. Howe
Description
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.
Get the book
Other editions
Similar books
-
The Death Penalty: An American Citizen's Guide to Understanding Federal and State Laws
By Louis J. PalmerThomas 72 State v . Wallace 145 State v . West 25 State v . Williams 60 , 95 State v . ... Simpson Simpson , O.J. 102 , 105 , 108 Sims see People v . Sims Sivak see State v . Sivak Sixth Amendment 81 , 83 , 91–92 , 139 Smith see State v ...
-
Capital Punishment: A Documentary and Reference Guide
By David L. Hudson Jr.Each entry in this essential collection of primary resources on capital punishment features an authoritative introduction and analysis that helps provide crucial context for understanding the evolution of law and public attitudes toward the ...
-
Capital Punishment: A Documentary and Reference Guide
By David L. Hudson Jr.Each entry in this essential collection of primary resources on capital punishment features an authoritative introduction and analysis that helps provide crucial context for understanding the evolution of law and public attitudes toward the ...
-
Invitation to an Execution: A History of the Death Penalty in the United States
By Gordon Morris BakkenFor example, Bill Neal's Getting Away with Murder on the Texas Frontier: Notorious Killings & Celebrated Trials (2006) demonstrates that many of the criminally accused slipped through the criminal justice net for a wide variety of ...
-
The Death Penalty: an American history
By Stuart BannerThis is a first rate piece of scholarship: well written, deeply researched, fascinating to read, and full of insights and good common sense. It is, in my view, one of the finest books to deal with this troubled and troubling subject.
-
Imprisoned by the Past: Warren McCleskey and the American Death Penalty
By Jeffrey L. Kirchmeierattorney, jailers, and other government officials, and they all denied knowing the State and Evans had a deal. Although the majority concluded ... PART C American Death Penalty History and the Courts CHAPTER [40] A Killing in Georgia.
-
Courting Death
By Carol S. SteikerCourting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
-
Death Penalty Cases: Leading U.S. Supreme Court Cases on Capital Punishment
By Barry LatzerWill those facts prejudice you against Willie Lloyd Turner or affect your ability to render a fair and impartial verdict based solely on the evidence? As support for this proposed question, petitioner's counsel referred only to certain ...
-
Questioning Capital Punishment: Law, Policy, and Practice
By James R. AckerPhoebe C. Ellsworth, “Unpleasant Facts: The Supreme Court's Response to Empirical Research Evidence on Capital Punishment,” in Kenneth C. Haas &James A. Inciardi (eds.), Challenging Capital Punishment: Legal and Social Science ...
-
Capital Punishment: A Hazard to a Sustainable Criminal Justice System?
By Lill ScherdinThis volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present.