"The King of France with forty thousand men": Felker v Turpin and the Supreme Court's deliberative processes
Article Abstract:
The fact that the US Supreme Court expedited its grant of certiorari and subsequent denial of certiorari in Felker v. Turpin is unlikely to have had any effect on the defendant's prospects of getting the merits of his death penalty appeal heard. The Court found that it lacked jurisdiction to consider the writ of habeas corpus but did not rule that the Antiterrorism and Effective Death Penalty Act of 1996 limited Supreme Court jurisdiction. Review of internal Supreme Court management of death penalty appeals since 1976 suggests that the Court has already confronted questions of how to expedite capital appeals.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1996
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The jurisprudence of victimhood
Article Abstract:
The US Supreme Court decision in Payne v Tennessee has moved toward making the penalty phase in capital cases more arbitrary by overriding prior decisions in order to permit testimony and evidence by victims to be heard. In doing so, the court has abrogated the responsibility of the state and left the decision to the jury. The difficulty in allowing victim impact statements is that stereotypes rather than reason may prevail in juries' death penalty decisions and that identification of victims will fail to include the defendants.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1991
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Empathy, narrative, and victim impact statements
Article Abstract:
The issue of admissibility of victim impact statements in capital punishment trials demonstrates that narrative and emotion do not make unambiguously positive contributions to the law. Many scholars are currently advocating the increased use of narrative, and many are distressed that the courts limit appeals for compassion. Statements from victims' families should not be admitted because their expressions of hatred and vengeance do not assist sentencers in their decision-making process.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1996
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