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The Roberts Court and the death penalty code.
March 22, 2008... I.
The Lion in Winter (1) is a brilliant tale of the deception and treachery that accompanies King Henry II's effort to name the successor to his empire. In one scene, Princes (and brothers) Richard and Geoffrey wait in the dungeon for...
Racism on our juries: the impossibility of impartiality in capital cases.
March 22, 2008... "The reality of race relations in this country is such that we simply may not presume impartiality" (1)
I. INTRODUCTION
Racism in this country is like the elephant in the room that everyone sees but no one dares acknowledge. Perhaps...
Capital punishment: advocates' deadly combination of inadequacy and misconduct.
March 22, 2008... "I cannot support a system, which, in its administration, has proven to be so fraught with error and has come so close to the ultimate nightmare, the state's taking of innocent life." (1)
I. INTRODUCTION
The nexus between the Eighth...
Determining mental retardation in capital defendants: using a strict IQ cut-off number will allow the execution of many that Atkins intended to spare: ex parte State (Smith v. State).
March 22, 2008... INTRODUCTION
In Ex parte State, the Alabama Supreme Court held that for the purposes of determining mental retardation of a defendant facing the death penalty a court must apply the three-prong test set forth in Ex parte Perkins. (1) The...