Add to ORKGIn assessing the constitutionality of a capital sentencing regime, the raw number of aggravating factors is irrelevant. What matters is their scope. To pass constitutional muster, aggravating factors (or the equivalent) must narrow the scope of death eligibility to the worst-of-the-worst. Professor Chad Flanders wants courts to ignore empirical assessments of the scope of aggravating circumstances and uses an imagined State of Alpha as his jumping off point. This response to Prof. Flanders makes the case for looking at the actual operation of a law, not just its reach in the abstract. This response focuses on Arizona’s capital sentencing regime to illustrate the importance of understanding the real world operation of the law and discusses t...
The Supreme Court takes two very different approaches to substantive sentencing law. Whereas its rev...
Whether a capital defendant is to be executed or instead receive life imprisonment typically is dete...
[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial l...
In assessing the constitutionality of a capital sentencing regime, the raw number of aggravating fac...
While the Court does not dispute that at first blush the defendant\u27s argument appears logical, it...
(Excerpt) In capital cases, the jury is often left with the onerous decision about whether to impose...
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing s...
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur m...
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor\u27s Council Report
The United States Supreme Court has long held that the death penalty cannot be imposed arbitrarily, ...
Some Supreme Court opinions overturn capital sentences or reason that such sentences should be overt...
In his dissenting opinion in Glossip v. Gross, Justice Breyer attempted to give content to the Supre...
In the denial of certiorari review in Hidalgo v. Arizona, 138 S. Ct. 1054 (2018), a four-Justice sta...
This paper investigates the conditional demands of Death-Is-Different jurisprudence in the United St...
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor\u27s Council Report
The Supreme Court takes two very different approaches to substantive sentencing law. Whereas its rev...
Whether a capital defendant is to be executed or instead receive life imprisonment typically is dete...
[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial l...
In assessing the constitutionality of a capital sentencing regime, the raw number of aggravating fac...
While the Court does not dispute that at first blush the defendant\u27s argument appears logical, it...
(Excerpt) In capital cases, the jury is often left with the onerous decision about whether to impose...
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing s...
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur m...
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor\u27s Council Report
The United States Supreme Court has long held that the death penalty cannot be imposed arbitrarily, ...
Some Supreme Court opinions overturn capital sentences or reason that such sentences should be overt...
In his dissenting opinion in Glossip v. Gross, Justice Breyer attempted to give content to the Supre...
In the denial of certiorari review in Hidalgo v. Arizona, 138 S. Ct. 1054 (2018), a four-Justice sta...
This paper investigates the conditional demands of Death-Is-Different jurisprudence in the United St...
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor\u27s Council Report
The Supreme Court takes two very different approaches to substantive sentencing law. Whereas its rev...
Whether a capital defendant is to be executed or instead receive life imprisonment typically is dete...
[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial l...