INDEX



Document(s)

Retribution and Redemption in the Operation of Executive Clemency

By Elizabeth Rapaport / Chicago Kent Law Review, on 1 January 2000


2000

Article

United States


More details See the document

In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the “redemptive” perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.

  • Document type Article
  • Countries list United States
  • Themes list Retribution, Clemency,

Document(s)

Religious Conservatives and the Death Penalty

By Thomas C. Berg / William & Mary Bill of Rights Journal 9(1), 31-60, on 1 January 2000


Article

United States


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In this Essay, Professor Thomas C. Berg examines how religious conservatives, especially Roman Catholics and evangelical Protestants, have dealt with the recent concerns over the death penalty. Part I of the Essay documents how Roman Catholics and evangelical Protestants traditionally approach the death penalty.Part II analyzes the particular theological arguments and practical concerns that will be most effective in persuading religious conservatives to oppose the death penalty.

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

Document(s)

Equality of the Damned: The Execution of Women on the Cusp of the 21st Century

By Elizabeth Rapaport / Ohio Northern Law Review 26(3), 581-600, on 1 January 2000


Article

United States


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This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker. The execution of Karla Faye Tucker in 1998, the second of the four women to be executed, occured in hte midst of relentless publicity. The Tucker execution revived interest in gender equity in the administration of capital punishment.

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

Document(s)

Capital Punishment As Human Sacrifice: A Societal Ritual as Depicted in George Elliot’s Adam Bede

By Roberta M. Harding / Buffalo Law Review 48, 175-248, on 1 January 2000


Article

United States


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The ritual slaughter of humans for sacrificial purposes has an ancient provenance. Few members of modern society would be inclined to believe that killing humans for sacrificial purposes continues. Of those, most probably envision it only being practiced by individuals who belong to “uncivilized,” or non-“First-World” cultures. Upon closer scrutiny, however, it becomes apparent that this is a misconception because the past and present practice of capital punishment includes a thinly disguised manifestation of the ritualized killing of people, otherwise known as human sacrifice. The purpose of this article is to identify, describe, and analyze the historic and contemporary connection between the practices of capital punishment and human sacrifice. After describing how human sacrifice constitutes an integral component of capital punishment, it will be argued that the institutionalization of this antiquated barbaric ritual, vis-a-vis the use of capital punishment, renders the present use of the death penalty in the United States incompatible with “the evolving standards of decency that mark the progress of a maturing society”; and that consequently, this facet of capital punishment renders the penalty at odds with the Eighth Amendment’s prohibition against the infliction of “cruel and unusual” punishments.

  • Document type Article
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment,

Document(s)

The Role of Organized Religions in Changing Death Penalty Debates

By Michael L. Radelet / William and Mary Bill of Rights Journal, on 1 January 2000


Article


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In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation’s progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty’s efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that retribution’s moral, rather than empirical, base makes it an issue largely within the purview of religious denominations, the traditional source of a community’s moral authority. Professor Radelet predicts that religious leaders’ increasing opposition to the flawed administration of the death penalty, rather than their lesser support for the abstract concept of capital punishment, will tip the balance toward its abolition in America.

  • Document type Article
  • Themes list Religion ,

Document(s)

The ‘Shocking Truth’ About the Electric Chair: An Analysis of the Unconstitutionality of Electrocution

By Dawn Macready / Ohio Northern University Law Review, on 1 January 2000


Article

United States


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Cruel and unusual punishment, as prohibited by the Eighth Amendment of the United States Constitution, encompasses punishment that amounts to torture and barbarity, cruel and degrading punishment not known to the common law, and punishment so disproportionate to the offense as to shock the moral sense of the community. Thus, contained in the Eighth Amendment is a fundamental respect for humanity. For the imposition of a death sentence, the trier is constitutionally mandated to take into account the character and record of the individual offender and the circumstances of the particular offense. What constitutes cruel and unusual punishment?

  • Document type Article
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Electrocution,

Document(s)

Capital Punishment at the United Nations: Recent Developments

By Ilias Bantekas / Peter Hodgkinson / Criminal Law Forum, on 1 January 2000


Article


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The article discusses the difficulties and controversies surrounding the 1999 Draft Resolution on the Death Penalty to the United Nations General Assembly.

  • Document type Article
  • Themes list Networks,

Document(s)

Emerging Issues in Juvenile Death Penalty Law

By Victor L. Streib / Ohio Northern University Law Review, on 1 January 2000


Article

United States


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As our society’s enduring marriage to the death penalty prepares to enter yet another century, it is a marriage that places the children in danger. Why is it that we continue to impose the death penalty for crimes committed by juvenile offenders? As questionable as the death penalty is in general, might we not at least place an “adults only” label on it? The rest of the world has already done so. Only in America need children fear execution by their own government.

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

Document(s)

Discrimination and Instructional Comprehension: Guided Discretion, Racial Bias, and the Death Penalty

By Craig Haney / Mona Lynch / Law and Human Behavior, on 1 January 2000


Article

United States


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This study links two previously unrelated lines of research: The lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.

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

Document(s)

Punishment at all Costs: On Religion, Convicting the Innocent, and Supporting the Death Penalty

By Robert L. Young / William & Mary Bill of rights journal 9(1), 237-46., on 1 January 2000


Article

United States


More details See the document

This Paper explores the impact of the belief structure among white fundamentalist denominations on the support for the death penalty. Professor Robert L. Young observes that the tenets of fundamentalism, as well as the great extent thatfundamentalists conform to the positions oftheir clergy, support this link between fundamentalism anda punitive orientation toward wrongdoers. Professor Young explains that members in white fundamentalist churches, to a greater extent than others, are inclined toward a negative view of human nature, which in turn leads to the belief that letting the guilty go free is a more serious mistake than convicting the innocent. This relative tolerance for convicting the innocent has a direct impact on support for the death penalty.

  • Document type Article
  • Countries list United States
  • Themes list Public opinion,