The past as prologue : the Supreme Court's pre-modern death penalty jurisprudence and its influence on the Supreme Court's modern death penalty decisions /
Bohm (criminal justice, U. of Central Florida) examines how the US Supreme Court's decisions about the death penalty before 1968 have influenced its opinion from then until 2009. Courts are supposed to be guided by previous decision when the same or similar points rise before them again--the do...
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| Format: | Book |
| Language: | English |
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Durham, N.C. :
Carolina Academic Press,
c2012
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Table of Contents:
- Clemency : the "fail safe" in our criminal justice system
- Coerced confessions and compelled self-incrimination: revolting to the sense of justice
- Cruel and unusual punishment : must draw its meaning from the evolving standards of decency that mark the progress of a maturing society
- Defective lineup procedures : a lineup, conducted without notice to defendant's counsel, is unconstitutional
- Double jeopardy : not implicit in the concept of ordered liberty
- Effective assistance of counsel: death is different
- Equal protection : an exceptional punishment for life prisoners
- Ex post facto : a government of laws and not of men
- Fair trials: trials must be free from a coercive or intimidating atmosphere
- Jurisdiction: military commissions unauthorized by congressional authority are
- Unconstitutional in jurisdictions where the civil courts are operating constitutionally
- Jury instructions : in death cases, doubts about a juror's interpretation of an
- Instruction should be resolved in favor of the accused
- Jury selection: the right to be tried by an impartial jury
- Sentencing: the court has long recognized that for the determination of sentences
- Justice generally requires that there be taken into account the circumstances of the offense
- Together with the character and propensities of the offender
- Analysis and lessons learned