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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 / Robert M. Bohm.

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Author/Creator:
Bohm, Robert M.
Language:
English.
Publication date:
2012
Imprint:
Durham, N.C. : Carolina Academic Press, c2012.
Format:
  • Book
  • xvi, 239 p. ; 23 cm.
Title Variation:
Supreme Court's pre-modern death penalty jurisprudence and its influence on the Supreme Court's modern death penalty decisions
Bibliography:
Includes bibliographical references and index.
Contents:
  • Introduction
  • 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 : 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 : 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.
Subjects:
ISBN:
9781611630916
1611630916

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