INDEX

The Miranda conundrum runs something like this: If the Miranda decision represents true constitutional interpretation, and all unwarned statements taken during custodial interrogation are compelled” within the meaning of the self-incrimination clause, the impeachment and “”fruits”” exceptions to Miranda should fall. If it is not true constitutional interpretation, than the Court has no business reversing state criminal convictions for its violation. I offer here what I hope is a satisfying answer to this conundrum, on both descriptive and normative levels, that justifies not only Miranda but a host of similar Warren, Burger, and Rehnquist Court decisions as well. In Part I, I introduce and define the terms “”constitutional prophylactic rule,”” “”constitutional safe harbor rule,”” and “”constitutional incidental right,”” and attempt to legitimate their use. I further demonstrate that constitutional criminal procedure is so flush with such prophylactic and safe harbor rules and incidental rights that trying to eliminate them now, by either reversing a large number of criminal procedure cases or “”constitutionalizing”” all of those holdings, would do more harm than good. I propose that we accept the fact that these rules and rights are a fixed part of our constitutional landscape, and focus instead on minimizing their risks and maximizing their benefits”

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

This article reviews the extent to which the movement to abolish capital punishment has been successful and discusses some of the influences which have produced a remarkable increase in the number of abolitionist countries in the past two decades. It asks whether this trend has now come to an end as many countries which retain the death penalty continue to defy, for a variety of reasons, international pressure to change their laws and practices. Finally, it discusses some actions that might prove effective in overcoming these obstacles.

• Document type Article
• Themes list Trend Towards Abolition, Death Penalty,

Prior research on wrongful convictions in capital cases focused primarily on qualitative methods designed to provide in-depth descriptive analyses of these cases. In contrast, this study is a quantitative comparison between 76 documented cases from 1970 to 1998, in which prisoners were released from death row because of “doubts about their guilt,” and a matched group of inmates who were executed. Through the use of a logistic regression model, significant predictors of cases that result in a release from death row as opposed to an execution, are identified. The final section of this study focuses on policy implications that may decrease the risk of error in capital cases. Additional lines of research are suggested in an effort to increase understanding of miscarriages of justice in such cases.

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

The issue of erroneous convictions in capital cases has recently gained considerable nationwide media attention. This article builds on prior research by examining 76 cases of inmates who were released from death rows between 1970 and 1998 because of doubts about their guilt. By using sources, or persons who have extensive insider knowledge about these cases, as well as published court opinions, it was possible to identify the causes of the wrongful convictions as well as the significant events that led to the discovery of the miscarriages of justice. The data indicate that prosecutorial misconduct, perjury of witnesses, police misconduct, and racial discrimination were influential factors that led to the wrongful convictions. In addition, continued investigation by the defense attorney, new witnesses coming forward, and/or a confession from another person were the factors most often leading to the discovery of errors. These findings suggest that there have not been any significant changes in causes of erroneous convictions since the implementation of contemporary safeguards. As a result, policy changes are suggested to decrease the chances of erroneous executions.

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

This research will consider the principal claims and counterclaims made by death penalty supporters and opponents, as well as document the manner in which these claims were advanced or refuted. The nineteen-year debate provides a natural laboratory that can assist our understanding of why the United States is the only Western industrialized democracy to retain capital punishment.

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

I offer an account of the ordeal of Earl Washington, who—having come within days of execution—was released from prison on February 12, 2001, after DNA evidence of his innocence finally proved conclusive to the Virginia authorities. I do so for two reasons. First, I believe, both as a member of his legal team and a scholar, that history deserves an accurate account of the events. Second, more broadly, I believe that the case exemplifies many of the phenomena that contribute to the injustice of the death penalty in America today.

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

Occasionally, physicians’ personal values conflict with their perceived societal duties. One example is the case of lethal injection for the purpose of capital punishment. Some states require that such lethal injections be performed by physicians. At the same time, leading medical societies have concluded that physicians should avoid participating in capital punishment. Physicians’ attitudes toward involvement in capital punishment may depend on how they balance their responsibilities to individuals against their duties to society. Other factors may include a desire to provide a more painless death for the prisoner or concern over the competency of other health care personnel. In a previous survey, we found that a majority of physicians condoned involvement of their fellow physicians in capital punishment. For the current study, we conducted another survey to ascertain physicians’ attitudes about their own involvement in capital punishment, as well as factors associated with these attitudes.

• Document type Article
• Countries list United States
• Themes list Lethal Injection,

In this essay, I suggest a different and particularly feminist reason for reexamining, and rejecting, the death penalty. The death penalty perverts society’s response to the tragedy of a woman being raped and murdered by relying on a form of racism that is gendered in nature and by making the horrific nature of the crime of rape-murder a more important consideration in determining punishment than the individual characteristics of the person who committed it.

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

Do black jurors view a crime or its appropriate punishment differently than their white counterparts? Are their perspectives influenced by the race of the defendant or victim? Are blacks on white-dominated capital juries intimidated or coerced into voting for the death penalty?

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

It turns out that voir dire in capital cases is woefully ineffective at the most elementary task—weeding out unqualified jurors.Empirical evidence reveals that many capital jurors are in fact unqualified to serve. Moreover, the ineffectiveness of the process is far from even-handed. A juror is not “death-qualified” if she would always vote against a death sentence, regardless of the circumstances, and a handful of the jurors who actually serve in capital cases are in fact unqualified for this reason.

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