A Life and Death Decision

A Jury Weighs the Death Penalty

Author: Scott E. Sundby

Publisher: St. Martin's Press

ISBN: 1466892269

Category: Law

Page: 240

View: 4202

With a life in the balance, a jury convicts a man of murder and now has to decide whether he should be put to death. Twelve people now face a momentous choice. Bringing drama to life, A Life and Death Decision gives unique insight into how a jury deliberates. We feel the passions, anger, and despair as the jurors grapple with legal, moral, and personal dilemmas. The jurors' voices are compelling. From the idealist to the "holdout," the individual stories—of how and why they voted for life or death—drive the narrative. The reader is right there siding with one or another juror in this riveting read. From movies to novels to television, juries fascinate. Focusing on a single case, Sundby sheds light on broader issues, including the roles of race, class, and gender in the justice system. With death penalty cases consistently in the news, this is an important window on how real jurors deliberate about a pressing national issue.
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Objection

Disgust, Morality, and the Law

Author: Debra Lieberman,Carlton Patrick

Publisher: Oxford University Press

ISBN: 0190491310

Category: Psychology

Page: 264

View: 359

Why do we consider incest wrong, even when it occurs between consenting adults unable to have children? Why are words that gross us out more likely to be deemed "obscene" and denied the protection of the First Amendment? In a world where a gruesome photograph can decisively influence a jury and homosexual behavior is still condemned by some as "unnatural," it is worth asking: is our legal system really governed by the power of reason? Or do we allow a primitive human emotion, disgust, to guide us in our lawmaking? In Objection, psychologists Debra Lieberman and Carlton Patrick examine disgust and its impact on the legal system to show why the things that we find stomach-turning so often become the things that we render unlawful. Shedding light on the evolutionary and psychological origins of disgust, the authors reveal how ancient human intuitions about what is safe to eat or touch, or who would make an advantageous mate, have become co-opted by moral systems designed to condemn behavior and identify groups of people ripe for marginalization. Over time these moral stances have made their way into legal codes, and disgust has thereby served as the impetus for laws against behaviors almost universally held to be "disgusting" (corpse desecration, bestiality) - and as the implicit justification for more controversial prohibitions (homosexuality, use of pornography). Written with a critical eye on current events, Lieberman and Patrick build a case for a more reasoned approach to lawmaking in a system that often confuses "gross" with "wrong."
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Death Penalty Mitigation

A Handbook for Mitigation Specialists, Investigators, Social Scientists, and Lawyers

Author: Jose B. Ashford,Melissa Kupferberg

Publisher: Oxford University Press

ISBN: 0195329465

Category: Social Science

Page: 222

View: 8759

This handbook examines theoretical frameworks and concepts from the social sciences with implications for guiding the identification, evaluation, and presentation of mitigation evidence.
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Evidence in Florida

Author: The Florida Bar Continuing Legal Education

Publisher: LexisNexis

ISBN: 152213994X

Category: Law

Page: N.A

View: 3532

Evidence in Florida offers a practical, contemporary approach to the law of evidence. Experienced practitioners, judges, and law professors share their expertise in all aspects of the gathering and presentation of evidence in Florida courts. The updated and expanded Eleventh Edition includes: Updated case law, statutes, and rules and regulations. Hot Topics: Discussion of the Florida Supreme Court’s decision declining to adopt the Daubert standard under F.S. 90.702 to the extent that it is procedural. In reAmendments to Florida Evidence Code, 210 So.3d 1231 (Fla. 2017). Florida Supreme Court’s decision regarding the retroactive application (or lack thereof) of the Daubert standard. Anderson v. State, 220 So.3d 1133 (Fla. 2017). Florida Supreme Court’s opinion regarding F.S. 90.404(1) and opening the door to impeachment with otherwise inadmissible collateral crime evidence. Brookins v. State, 228 So.3d 31 (Fla. 2017). Florida Supreme Court’s recent application of F.S. 90.403’s balancing test in Kirkman v. State, 233 So.3d 456 (Fla. 2018) and Truehill v. State, 211 So.3d 930 (Fla. 2017). Florida Supreme Court’s opinion regarding how otherwise inadmissible evidence can become admissible through rebuttal testimony due to a criminal defendant’s opening the door. Tundidor v. State, 221 So.3d 587 (Fla. 2017). Florida Supreme Court’s declining to extend Boecher interrogatories to allow discovery of a financial relationship between nonparties and a plaintiff’s expert. Worley v. Central Florida Young Men’s Christian Ass’n, Inc., 228 So.3d 18 (Fla. 2017). The presentation and admissibility of electronic evidence and “Emoji law.” Electronic evidence and authentication issues as it relates to webpage capture.
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Tell the Client's Story

Mitigation in Criminal and Death Penalty Cases

Author: Edward C. Monahan,James J. Clark

Publisher: N.A

ISBN: 9781634259149

Category: Law

Page: 463

View: 416

ISBN: 978-1-63425-914-9 2017, 416 pages, 6 x 9, Paperback and E-Book Loaded with practical case studies, surveys, checklists, and appendices provided by top litigation experts from across the nation, Tell the Client's Story provides litigation teams the best strategies for effective mitigation work in criminal and capital cases. This book will benefit seasoned defense professionals, while also providing crucial guidance for attorneys and other professionals with limited or no experience in mitigation techniques.
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Capital Punishment in America

A Balanced Examination

Author: Evan J. Mandery

Publisher: Jones & Bartlett Publishers

ISBN: 1449605982

Category: Law

Page: 575

View: 2609

This revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.
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The Death Penalty in the United States

A Complete Guide to Federal and State Laws, 2d ed.

Author: Louis J. Palmer, Jr.

Publisher: McFarland

ISBN: 1476605793

Category: History

Page: 400

View: 4446

The death penalty landscape has changed considerably since the 1998 first edition of this book. For example, six states that had the death penalty--Connecticut, Illinois, Maryland, New Jersey, New Mexico and New York--no longer impose the punishment. Some of the changes set out in this second edition involve discussions of all of the significant cases decided by the United States Supreme Court after 1998, including Roper v. Simmons, 543 U.S. 551 (2005); Atkins v. Virginia, 536 U.S. 304 (2002); Schriro v. Smith, 126 S.Ct. 7 (2005); Harbison v. Bell, 129 S.Ct. 1481 (2009); Holmes v. South Carolina, 126 S.Ct. 1727 (2006); Kansas v. Marsh, 126 S.Ct. 2516 (2006); Ring v. Arizona, 536 U.S. 584 (2002); Sattazahn v. Pennsylvania, 537 U.S. 101 (2003). This new edition includes 13 new chapters. They cover such topics as capital felon's defense team; habeas corpus, coram nobis and section 1983 proceedings; the Innocence protection act and post-conviction DNA testing; challenging the death sentence under racial justice acts; inhabited American territories; and the costs of capital punishment.
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Unusually Cruel

Prisons, Punishment, and the Real American Exceptionalism

Author: Marc Morjé Howard

Publisher: Oxford University Press

ISBN: 019065936X

Category: Political Science

Page: 256

View: 9606

The United States incarcerates far more people than any other country in the world, at rates nearly ten times higher than other liberal democracies. Indeed, while the U.S. is home to 5 percent of the world's population, it contains nearly 25 percent of its prisoners. But the extent of American cruelty goes beyond simply locking people up. At every stage of the criminal justice process-plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry-the U.S. is harsher and more punitive than other comparable countries. In Unusually Cruel, Marc Morjé Howard argues that the American criminal justice and prison systems are exceptional-in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis that shows just how far the U.S. lies outside the norm of established democracies. And, by highlighting how other countries successfully apply less punitive and more productive policies, he provides plausible solutions to addressing America's criminal justice quagmire.
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Exile and Embrace

Contemporary Religious Discourse on the Death Penalty

Author: Anthony Santoro

Publisher: UPNE

ISBN: 1555538185

Category: Social Science

Page: 308

View: 4145

With passion and precision, Exile and Embrace examines the key elements of the religious debates over capital punishment and shows how they reflect the values and self-understandings of contemporary Americans. Santoro demonstrates that capital punishment has relatively little to do with the perpetrators and much more to do with those who would impose the punishment. Because of this, he convincingly argues, we should focus our attention not on the perpetrators and victims, as is typically the case in debates pro and con about the death penalty, but on ourselves and on the mechanisms that we use to impose or oppose the death penalty. An important book that will appeal to those involved in the death penalty debate and to general religious studies and American studies scholars, as well.
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DeathQuest

An Introduction to the Theory and Practice of Capital Punishment in the United States

Author: Robert M. Bohm

Publisher: Routledge

ISBN: 1437755402

Category: Political Science

Page: 475

View: 4915

The first true textbook on the death penalty, this text provides an exhaustive introduction, starting with its history and taking the reader through the facts, issues, opinions and controversies surrounding capital punishment. The author’s motivation has been to understand what motivates the "deathquest" of the American people, leading a large percentage of the public to support the death penalty. The book will educate readers so that whatever their death penalty opinions are, they are informed ones. Discussion questions accompany each chapter. Appendix contains ABA guidelines for appointment and performance of defense counsel in death penalty cases.
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Chasing Gideon

The Elusive Quest for Poor People's Justice

Author: Karen Houppert

Publisher: New Press, The

ISBN: 1595588922

Category: Law

Page: 288

View: 5828

On March 18, 1963, in one of its most significant legal decisions, the U.S. Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants facing significant jail time have the constitutional right to a free attorney if they cannot afford their own. Fifty years later, 80 percent of criminal defendants are served by public defenders. In a book that combines the sweep of history with the intimate details of individual lives and legal cases, veteran reporter Karen Houppert movingly chronicles the stories of people in all parts of the country who have relied on Gideon’s promise. There is the harrowing saga of a young man who is charged with involuntary vehicular homicide in Washington State, where overextended public defenders juggle impossible caseloads, forcing his defender to go to court to protect her own right to provide an adequate defense. In Florida, Houppert describes a public defender’s office, loaded with upward of seven hundred cases per attorney, and discovers the degree to which Clarence Earl Gideon’s promise is still unrealized. In New Orleans, she follows the case of a man imprisoned for twenty-seven years for a crime he didn’t commit, finding a public defense system already near collapse before Katrina and chronicling the harrowing months after the storm, during which overworked volunteers and students struggled to get the system working again. In Georgia, Houppert finds a mentally disabled man who is to be executed for murder, despite the best efforts of a dedicated but severely overworked and underfunded capital defender. Half a century after Anthony Lewis’s award-winning Gideon’s Trumpet brought us the story of the court case that changed the American justice system, Chasing Gideon is a crucial book that provides essential reckoning of our attempts to implement this fundamental constitutional right.
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Unfair

The New Science of Criminal Injustice

Author: Adam Benforado

Publisher: Crown

ISBN: 0770437761

Category: LAW

Page: 379

View: 488

"A crusading legal scholar exposes the powerful psychological forces that undermine our criminal justice system--and affect us all Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the temperature of the courtroom, the camera angle of a defendant's taped confession, or a simple word choice or gesture during a cross-examination. In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness--and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system. Weaving together historical examples, scientific studies, and compelling court cases--from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case--Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members, convicting the innocent while letting dangerous criminals go free. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law"--
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Beyond Repair?

America’s Death Penalty

Author: Stephen P. Garvey

Publisher: Duke University Press

ISBN: 9780822330431

Category: Law

Page: 244

View: 4568

A collection of essays on capital punishment reflects on the most recent legal developments and procedures, considering such topics as the public's opinion about the death penalty, its practice in light of international human rights laws, the execution of innocent people, and the role of race bias. Simultaneous.
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Commonsense Justice

Jurors' Notions of the Law

Author: Norman J. FINKEL,Norman J Finkel

Publisher: Harvard University Press

ISBN: 0674036875

Category: Law

Page: 400

View: 7738

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No Choirboy: Murder, Violence, and Teenagers on Death Row

Author: Susan Kuklin

Publisher: Henry Holt and Company (BYR)

ISBN: 1466853417

Category: Young Adult Nonfiction

Page: 224

View: 8467

No Choirboy takes readers inside America's prisons, and allows inmates sentenced to death as teenagers to speak for themselves. In their own voices—raw and uncensored—they talk about their lives in prison, and share their thoughts and feelings about how they ended up there. Susan Kuklin also gets inside the system, exploring capital punishment itself and the intricacies and inequities of criminal justice in the United States. This is a searing, unforgettable read, and one that could change the way we think about crime and punishment. No Choirboy: Murder, Violence, and Teenagers on Death Row is a 2009 Bank Street - Best Children's Book of the Year.
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Death Penalty on Trial

Crisis in American Justice

Author: Bill Kurtis

Publisher: PublicAffairs

ISBN: 0786734035

Category: Social Science

Page: 224

View: 4973

Bill Kurtis, anchor of the wildly popular true-crime TV series Cold Case Files and American Justice, used to support the death penalty. But after observing the machinations of the justice system for thirty years, he came to a stunning realization that changed his life: Capital punishment is wrong. There can be no real justice in America until it is abolished. In The Death Penalty on Trial, Kurtis takes readers on his most remarkable investigative journey yet. Together, we revisit murder scenes, study the evidence, and explore the tactical decisions made before and during trials that send innocent people to death row. We examine the eight main reasons why the wrong people are condemned to death, including overzealous and dishonest prosecutors, corrupt policemen, unreliable witnesses and expert witnesses, incompetent defense attorneys, bias judges, and jailhouse informants. We see why the new jewel of forensic science, DNA, is revealing more than innocence and guilt, opening a window into the criminal justice system that could touch off a revolution of reform. Ultimately we come to a remarkable conclusion: The possibility for error in our justice system is simply too great to allow the death penalty to stand as our ultimate punishment.
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American Juries

The Verdict

Author: Neil Vidmar,Valerie P. Hans

Publisher: N.A

ISBN: N.A

Category: Law

Page: 428

View: 4477

Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury’s verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It’s said that there are "judicial hellholes" where local juries provide "jackpot justice" in medical malpractice and product liability cases with corporate defendants. Are these claims valid? This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans—renowned scholars of the jury system—place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law? Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.
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Dialogues on the Ethics of Capital Punishment

Author: Dale Jacquette

Publisher: Rowman & Littlefield Pub Incorporated

ISBN: 9780742561434

Category: Philosophy

Page: 139

View: 9533

"One in the series New Dialogues in Philosophy, edited by the author himself, Dale Jacquette presents a fictional dialogue over a three-day period on the ethical complexities of capital punishment Jacquette moves his readers from outlining basic issues in matters of life and death, to questions of justice and compassion, with a concluding dialogue on the conditional and unconditional right to life. Jacquette's characters talk plainly and thoughtfully about the death penalty, and readers are left to determine for themselves how best to think about the morality of putting people to death."--BOOK JACKET.
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Prisoners' Self-Help Litigation Manual

Author: John Boston,Daniel E Manville

Publisher: Oxford University Press

ISBN: 0199705666

Category: Law

Page: 960

View: 7678

Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.
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Digital Justice

Technology and the Internet of Disputes

Author: Ethan Katsh,Orna Rabinovich-Einy

Publisher: Oxford University Press

ISBN: 0190464593

Category: Law

Page: 352

View: 7798

Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
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