Add to ORKGIn a trial for murder, under a statute which provided that if the jury found the accused guilty of murder they might recommend him or her to the mercy of the court, thus reducing the punishment from death to life imprisonment, the court instructed the jury, \u27\u27You cannot of your own free will recommend or not recommend [mercy] because you are opposed to capital punishment. Exception was taken on the grounds that this circumscribed the statutory privilege of the jury to recommend mercy. Held, the instruction was erroneous and constituted grounds for new trial. State v. Blakely (S. C. 1930) 155 S.E. 408
A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The...
Historically, the American legal system has accorded juries wide discretion to impose sentences in t...
Plaintiff\u27s cause of action arose under the federal Merchant Marine Act, which grants a right to ...
Our constitutional law of capital sentencing does not understand Shakespeare\u27s gentle rain from ...
The defendant was convicted of negligent homicide as the result of a collision between his car and a...
In Lonnie Weeks\u27s capital murder trial in Virginia in 1993, the jury was instructed: If you find ...
The Supreme Court of the United States has held that the Alabama death penalty statute which prohibi...
[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial l...
Where a jury and a trial judge reach contrary conclusions because the facts derive from conflicting ...
The Eighth Amendment requires that the jury be given discretion in capital cases, but this discretio...
We examine the role of mercy in capital sentencing along three dimensions. We first explain why merc...
The article describes the legal directions Judge Blythin gave the trial jury to follow to find a ver...
Criminal Law - Directed Verdict of Acquittal - The accused was convicted of crime. Error was assigne...
The Supreme Court has said that the Constitution permits trial judges to exclude from the pool of po...
The right to a jury determination of a capital defendant\u27s fate has expanded recently. The era of...
A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The...
Historically, the American legal system has accorded juries wide discretion to impose sentences in t...
Plaintiff\u27s cause of action arose under the federal Merchant Marine Act, which grants a right to ...
Our constitutional law of capital sentencing does not understand Shakespeare\u27s gentle rain from ...
The defendant was convicted of negligent homicide as the result of a collision between his car and a...
In Lonnie Weeks\u27s capital murder trial in Virginia in 1993, the jury was instructed: If you find ...
The Supreme Court of the United States has held that the Alabama death penalty statute which prohibi...
[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial l...
Where a jury and a trial judge reach contrary conclusions because the facts derive from conflicting ...
The Eighth Amendment requires that the jury be given discretion in capital cases, but this discretio...
We examine the role of mercy in capital sentencing along three dimensions. We first explain why merc...
The article describes the legal directions Judge Blythin gave the trial jury to follow to find a ver...
Criminal Law - Directed Verdict of Acquittal - The accused was convicted of crime. Error was assigne...
The Supreme Court has said that the Constitution permits trial judges to exclude from the pool of po...
The right to a jury determination of a capital defendant\u27s fate has expanded recently. The era of...
A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The...
Historically, the American legal system has accorded juries wide discretion to impose sentences in t...
Plaintiff\u27s cause of action arose under the federal Merchant Marine Act, which grants a right to ...