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Finality and the Capital/Non-Capital Punishment Divide

Carissa Byrne Hessick | December 11, 2017 | Children and the Law, Sentencing

ABSTRACTThis book chapter examines the role that concerns about finality have played in both capital cases and juvenile life-without-parole sentencing cases. It will describe how finality has shaped the Supreme Court’s death penalty cases, as well as the role it has...

Is the Death Penalty in the United States Really “Nearing Its End”?

Douglas Berman | October 25, 2016 | Sentencing

The question in the title of this post is prompted by this notable new New York Times editorial headlined “The Death Penalty, Nearing Its End.” Here is the full text of the editorial: Although the death penalty is still considered constitutional by the...

Irreparable Harm: The Supreme Court Just Heard a Case that Proves How Broken the Death Penalty Is

Brandon Garrett | October 11, 2016 | Sentencing

When is prejudice prejudicial? That is the question the Supreme Court justices heard on Wednesday in the case of Duane Buck. In 1996, Buck murdered his ex-girlfriend in front of her children along with a man he thought she was sleeping with. At his death penalty trial...
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