Article

The Unusualness of Capital Punishment

By Louis D. Bilionis / Ohio Northern University Law Review, on 1 January 2000


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The order struck during the regulatory years following Furman v. Georgia and Gregg v. Georgia has been inverted. Executions once were rarities of newsworthy moment; now, they are nearly twice-a-week occurrences that often pass with nary a notice. Skeptical scrutiny of death penalty cases once was the professed and practiced mission of the federal judiciary; now, words like weariness, ennui, and resentment seem better choices to capture the spirit of the federal courts when confronted with complaints from death row. As we will see, the various lines of objection join to form a sophisticated and comprehensive critique.

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