INDEX

The purpose of this resource guide is to provide judges who are assigned capital cases with information about how other judges have handled these cases and an idea of what to expect as the case proceeds. The guide does not prescribe how such cases should be handled, and any examples of case-management approaches discussed should be considered illustrative.

• Document type Working with...
• Themes list Networks,

Drawing on his encyclopedic knowledge of the field, Bedau addresses topics such as strong public suppport for the death penalty, wrongful convictions, the disappearance of executive clemency, constitutional arguments surronding the Eight Amendment, and procedural reforms under consideration that move toward abolition.

• Document type Book
• Countries list United States
• Themes list Networks,

The editors of this study isolate the core issues influencing legislation so that they can be incorporated into strategies that advise governments in changing their policy on capital punishment. What are the critical factors determining whether a country replaces, retains or restores the death penalty? Why do some countries maintain the death penalty in theory, but in reality rarely invoke it? These questions and others are explored in chapters on South Korea, Lithuania, Georgia, Japan and the British Caribbean Commonwealth, as well as the U.S.

• Document type Book
• Countries list Georgia
• Themes list Networks,

This book contains contributions from judges, attorneys, and academicians on both sides of the death penalty question. The grounds advanced for justification of capital punishment–including deterrence, retribution, and closure for victims’ families–are considered. Whether life imprisonment is adequate to address these concerns is also debated. Other issues include whether racial minorities or indigent defendants are disproportionately executed, whether the penalty is otherwise arbitrarily applied, and what risks exist regarding the execution of an innocent person.

• Document type Book
• Countries list United States
• Themes list Networks,

Determinants of the Death Penalty seeks to explain the phenomenon of capital punishment – without recourse to value judgements – by identifying those characteristics common to countries that use the death penalty and those that mark countries which do not. This global study uses statistical analysis to relate the popularity of the death penalty to physical, cultural, social, economical, institutional, actor oriented and historical factors. Separate studies are conducted for democracies and non-democracies and within four regional contexts. The book also contains an in-depth investigation into determinants of the death penalty in the USA.

• Document type Book
• Themes list Networks,

This important book is sure to foster informed public discussion about the death penalty by deepening readers’ understanding of how religious beliefs and perspectives shape this contentious issue. Featuring a fair, balanced appraisal of its topic, Religion and the Death Penalty brings thoughtful religious reflection to bear on current challenges facing the capital justice system.

• Document type Book
• Themes list Religion ,

This article analyzes whether state-approved jury instructions adequately guide jury discretion in the penalty phase of first-degree murder trials. It examines Eighth Amendment jurisprudence regarding guided jury discretion, emphasizing the use of “empirical factors” to examine the quality of state-approved instructions. Psychological research and testimony on the topic of the comprehensibility of jury instructions are reviewed. Data from a recently completed simulation with 80 deliberating juries showed that current instructions do not adequately convey the concepts and processes essential to guiding penalty phase judgments. An additional simulation with 20 deliberating juries demonstrated that deliberation alone does not correct for jurors’ errors in comprehension. The article concludes with recommendations for policy and future research.

• Document type Article
• Countries list United States
• Themes list Fair Trial,

The articles in this issue discuss many appellate court decisions that turned on due process problems in the guilt and penalty phases of capital murder trials and the troubling role of race in capital prosecutions. Governor Ryan of Illinois cited many of these issues when he declared a moratorium on the death penalty and appointed a blue-ribbon panel to study the prosecution of capital murder in 2000. Governor Ryan commuted the sentences of all Illinois death row inmates in January 2003, in part, because the legislature was unable to address these issues that again appeared in the panel’s report. These issues raise serious questions about the reliability of the capital murder system and recommend a continued public debate about its fairness.

• Document type Article
• Countries list United States
• Themes list Networks,

This paper seeks first to show that persons who are convicted of crimes can be perceived as either remorseful or as lacking in remorse. This division establishes a moral hierarchy that has profound implications for the characterization and disposition of persons who are so designated. Second, using both Canadian and American cases, it looks at how inclusion in the category of the unremorseful affects the characterization and disposition of those who have been wrongfully convicted. Finally, it suggests that remorse is a major site of conflict between persons who are wrongfully convicted and officials within the criminal justice system, conflict that involves the use of institutional pressure to encourage the expression of remorse, on the one hand, and the mobilization of individual resources to resist those expressions.

• Document type Article
• Countries list Canada
• Themes list Networks,

Widely believed to be the innocent victims of an unfair trial, two foreign nationals facing execution in the United States had captured the attention of theworld. Rallies in their support attracted huge crowds in London and Paris, in Buenos Aires, Johannesburg, Bombay and Tokyo. Petitions for mercy flooded the governor’s office, signed by half a million people worldwide. The Italian head of state, former Nobel prize winners, and the Vatican joined in the global appealfor clemency, all to no avail. The world watched as the final days ticked away, transfixed by the last-minute battle to obtain a new trial amid a mounting storm ofdomestic and international protest. Citing procedural default and deference to state law, the appellate courts refused to intervene.

• Document type Article
• Countries list United States
• Themes list Networks,