Add to ORKGUnder the prevailing interpretation of the Eighth Amendment in the lower courts, a defendant who causes a death inadvertently in the course of a felony is eligible for capital punishment. This unfortunate interpretation rests on an unduly mechanical reading of the Supreme Court\u27s decisions in Enmund v. Florida and Tison v. Arizona, which require culpability for capital punishment of co-felons who do not kill. The lower courts have drawn the unwarranted inference that these cases permit execution of those who cause death without any culpability towards death. This Article shows that this mechanical reading of precedent is mistaken, because the underlying justifications of Eighth Amendment jurisprudence require a rational selection for dea...
Legal scholars are almost unanimous in condemning felony murder as a morally indefensible form of st...
The focus of this research is in the area of the United States death penalty. More specifically, it ...
With the Supreme Court now dominated by a solidly conservative majority, recent, well-grounded hopes...
Under the prevailing interpretation of the Eighth Amendment in the lower courts, a defendant who cau...
Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More...
Beginning with Furman v. Georgia, the Supreme Court\u27s seminal case applying the Eighth Amendment ...
Capital felony murder statutes continue to enable states to sentence criminal defendants to death. T...
The Eighth Amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor ...
In Gregg v. Georgia, the Supreme Court held that the death penalty was constitutional so long as it ...
The United States Supreme Court has held that the death penalty may not be imposed upon a defendant ...
This Article addresses the question of when a method of executing a capital defendant amounts to cru...
Throughout the past few decades, the Supreme Court has steadily chipped away at the death penalty. I...
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing s...
This Article argues that the stalled dialogue over the U.S. Supreme Court\u27s administration of cap...
This article explores Eighth Amendment theories that might justify the effort by the Supreme Court t...
Legal scholars are almost unanimous in condemning felony murder as a morally indefensible form of st...
The focus of this research is in the area of the United States death penalty. More specifically, it ...
With the Supreme Court now dominated by a solidly conservative majority, recent, well-grounded hopes...
Under the prevailing interpretation of the Eighth Amendment in the lower courts, a defendant who cau...
Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More...
Beginning with Furman v. Georgia, the Supreme Court\u27s seminal case applying the Eighth Amendment ...
Capital felony murder statutes continue to enable states to sentence criminal defendants to death. T...
The Eighth Amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor ...
In Gregg v. Georgia, the Supreme Court held that the death penalty was constitutional so long as it ...
The United States Supreme Court has held that the death penalty may not be imposed upon a defendant ...
This Article addresses the question of when a method of executing a capital defendant amounts to cru...
Throughout the past few decades, the Supreme Court has steadily chipped away at the death penalty. I...
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing s...
This Article argues that the stalled dialogue over the U.S. Supreme Court\u27s administration of cap...
This article explores Eighth Amendment theories that might justify the effort by the Supreme Court t...
Legal scholars are almost unanimous in condemning felony murder as a morally indefensible form of st...
The focus of this research is in the area of the United States death penalty. More specifically, it ...
With the Supreme Court now dominated by a solidly conservative majority, recent, well-grounded hopes...