Tag Archives: Volume 36

Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation (PDF)

Several years ago, I began work on a book about the system of capital punishment in the United States, the thesis of which was that the process of death sentencing required ordinary people (as citizens, voters and, especially, as jurors) … Continue reading

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The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench (PDF)

In noncapital cases, the jury determines guilt or innocence, and if the defendant is found guilty, the judge has the task of deciding the appropriate sentence. A judge does not, however, decide the penalty in a vacuum. In the federal … Continue reading

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A Former Alabama Appellate Judge’s Perspective On The Mitigation Function In Capital Cases (PDF)

I have reviewed the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases (“Supplementary Guidelines”) from the perspective of a former presiding judge of the Alabama Court of Criminal Appeals who has retired from the bench … Continue reading

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Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities (PDF)

This year marks the 100th anniversary of the adoption by the American Bar Association of the first code of professional conduct in 1908. Now a century later, the American Bar Association can be justifiably proud of the fact that the … Continue reading

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The ABA And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases (PDF)

On February 10, 2003, the American Bar Association House of Delegates overwhelmingly approved the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“ABA Guidelines”). In doing so, the ABA renewed the serious concerns … Continue reading

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When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases (PDF)

The Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases (“Supplementary Guidelines”) are the culmination of three years of work coordinated by the Public Interest Litigation Clinic (“PILC”) and the University of MissouriKansas City School of … Continue reading

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Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases (PDF)

The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (2003 revision) assign to lead counsel (at Guideline 10.4(B)) the responsibility for conducting a thorough investigation relating to both guilt and penalty, regardless of any … Continue reading

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Introduction: Re-Stating the Standard of Practice for Death Penalty Counsel: The Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases (PDF)

As the Anglo-American legal world has understood for centuries, if a criminal justice system that includes capital punishment is to be a just one it must at the least insure that the defendant receives truly effective defense representation. Since modern … Continue reading

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The Sentencing Commission and Prosecutorial Discretion: The Role of the Courts in Policing Sentence Bargains

My topic is an important defect in the United States Sentencing Guidelines: their attempt to withhold from federal prosecutors the power to enter into sentence bargains pursuant to Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure. By “sentence bargain” … Continue reading

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Constitutional Solutions to the Problem of Diplomatic Crime and Immunity

No one is above the law. This principle has been a driving force throughout the great ideological experiment known as democracy. From childhood, we are told that people who commit crimes must answer for them. However, the simplistic nature of … Continue reading

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