Academic report

The Decline of the Judicial Override

By Ben Cohen / Michael L. Radelet / Annual Review of Law and Social Science, on 1 January 2019

This article discusses the role of judges in death determinations, identifying jurisdictions that initially (post-1972) allowed judge sentencing and naming the individuals who today remain under judge-imposed death sentences. The decisions guaranteeing a jury determination have so far been applied only to cases that have not undergone initial review in state courts. Key questions remain unresolved, including whether the evolving standards of decency permit the execution of more than 100 individuals who were condemned to death by judges without a jury’s death verdict before implementation of the rules that now require unanimous jury votes.

  • Document type Academic report
  • Themes list Due Process , Fair Trial,