Federal law splits
capital death penalty cases into two separate phases: the first determining the guilt or innocence of the defendant, the second - if found guilty - determining their sentence.
Not exact matches
Prosecutors in
capital cases often use these to dismiss jurors because of their views on the
death penalty.
Death -
penalty cases, including Tsarnaev's, typically exclude jurors who are ideologically opposed to
capital punishment.
Moreover, prosecutors pursuing
capital cases won't allow jurors who oppose the
death penalty.
Some highlights of this collection are Khaled Abou El Fadl's eloquent explication of the complexities and restraints behind implementation of the
death penalty under Islamic law; an interesting intersection between Fadl's discussion of reticence in the use of the
death penalty and David Novak's review of
capital cases in Jewish tradition; Stanley Hauerwas's unequivocal claim that the cross is justice (negatively in terms of Jesus» execution according to human law and positively in terms of the ultimate meaning of the cross as mercy and forgiveness); and, conversely, the claim by Beth Wilkinson, prosecutor in the Timothy McVeigh
case, that «Even as a Christian, I felt nothing for Mr. McVeigh.»
When the State Kills is the model for such an approach, with fascinating and accessible chapters on such topics as the never - ending quest for «painless» executions, the role of and pressures on the jury in
capital cases, the portrayal of executions in contemporary films, and the increasingly desperate efforts of
death -
penalty lawyers to ensure that those who are condemned to die have received something approximating fair treatment under the law.
«Medical ethicists challenge court ruling on lethal injection in Alabama
case: Ruling in
death penalty case would have a chilling effect on physicians» willingness to serve as experts in
capital punishment trials.»
As part of its programming to help judges better manage
death -
penalty cases, the National Judicial College has developed a Web site, Capital Cases Resou
cases, the National Judicial College has developed a Web site,
Capital Cases Resou
Cases Resources.
Death Penalty Practicum: Students work with the Office of the Public Defender or with other highly qualified death penalty attorneys who are litigating capital c
Death Penalty Practicum: Students work with the Office of the Public Defender or with other highly qualified death penalty attorneys who are litigating capital
Penalty Practicum: Students work with the Office of the Public Defender or with other highly qualified
death penalty attorneys who are litigating capital c
death penalty attorneys who are litigating capital
penalty attorneys who are litigating
capital cases.
As detailed in this local article, headlined «Tennessee moves closer to executing first woman: Sixth Circuit denies appeal to woman convicted in murder for hire of husband,» a new federal habeas ruling in a state
capital case provides an effective opportunity to reflect on gender bias in the application of the
death penalty.
For example, Stevens's thoughts on his opinion in the 2008 Baze v. Rees
capital punishment
case seemed, for the first time I've seen, to dispel the notion that Stevens is inching toward an absolute rejection of the
death penalty as his time on the Court nears an end.
Murshed began by assisting the Centre for
Capital Punishment Studies, writing submissions for about 60 prisoners potentially facing the
death penalty, and later focused on the landmark Supreme Court
case of Susan Kigula and 417 others, which held that the automatic
death sentence was unconstitutional.
Following the SCOTUS opinion in January, Alabama Circuit Court Judge Tracie Todd struck down the state's
death penalty as a possible sentence in four upcoming
capital murder
cases.
Today, over at the SCONo blog in this recent post, Tom Goldstein covers related ground in noting that SCOTUS «has before it for next Term four
cases involving
capital sentencing that the Court could use to turn in the direction of still greater deference to the states» administration of the
death penalty.»
California voters oppose an effort to abolish the
death penalty and strongly support a competing measure that would streamline procedures in
capital cases, according to a new poll released today by the Institute of Governmental Studies at the University of California, Berkeley.
In March, Jefferson County Circuit Judge Tracie Todd barred the
death penalty from consideration in four upcoming
capital murder
cases.
In State courts of Escambia, Santa Rosa, Okaloosa and Walton counties we've been involved in well over a thousand
cases and tried to jury verdict
cases ranging from first degree
capital murder where the
death penalty is being sought, sexual battery, drug trafficking, violations of probation, domestic violence and racketeering to misdemeanor criminal charges including driving while under the influence and driving while license suspended.
As a matter of political mood, I suspect the «average» voter now is not too troubled by historic problems with the administration of the
death penalty, largely because some recent big
capital cases involve mass murderer with no concerns about a possible wrongful conviction or terrible defense lawyering.
In February 2013 ABA Journal, Layne's pro bono work on
capital murder
death penalty cases was featured in a cover story.
Since returning to North Carolina, he has held a number of positions including Assistant
Capital Defender with the North Carolina Office of the
Capital Defender where he represented indigent clients facing the
death penalty, and Assistant Public Defender, where he defended felony
cases.
Justice Sotomayor, interestingly, kept emphasizing the Enmund / Tison line of
capital cases limiting which minor actors in a murder can receive the
death penalty.
In an opinion that once again raises concerns about the state's shortage of funds for indigent
capital defense, a divided Georgia Supreme Court has sent a
death penalty case back to the trial court to determine if a systemic breakdown in the state's public defender system deprived the defendant of counsel.
These
cases have exposed and challenged critical legal and evidentiary practices, including undercover police surveillance of civil rights organizations, the exclusion of prospective jurors based on previous political activities, the use of post-arrest psychiatric examinations by prosecutors when seeking the
death penalty, and the exclusion of evidence of third party guilt by courts in
capital cases.
«Justices signal dismay at Texas; Decision to hear
capital cases may suggest high court questions handling»: The Dallas Morning News today contains an article that begins, «The U.S. Supreme Court has agreed to hear three Texas
death penalty cases in its new term, a move that veteran court watchers called the latest signal of the court's increasing frustration with how condemned inmates» appeals are handled by Texas» highest criminal judges and the 5th U.S. Circuit Court of Appeals.»
Did you know that in Alabama, not only are independent - minded jurors screened out of
capital cases through
death qualification of juries, but that even when these rigged juries want to impose a
penalty of life without parole, a single judge can override twelve verdicts from jurors?
Fabiani Duarte and guest host Linsey Addington speak with Professor Sarah Gerwig Moore and Dr. Melissa Browning about the
death penalty and ways restorative justice concepts can be used in
capital cases.