• Understanding Capital Punishment Law, Third Edition (2012)
 
 
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Understanding Capital Punishment Law, Third Edition (2012)

Understanding Capital Punishment Law, Third Edition (2012)

Linda E. Carter, Professor of Law, University of the Pacific, McGeorge School of Law; Ellen Kreitzberg, Professor of Law, Santa Clara University School of Law; Scott Howe, Frank L. Williams Professor of Criminal Law, Chapman University School of Law


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    This treatise is designed to provide an overview of the complex issues surrounding capital punishment. The primary emphasis of Understanding Capital Punishment Law is an explanation of the constitutional law that governs death penalty proceedings in the United States. Understanding Capital Punishment Law is structured in five parts:

    Overview. These chapters include arguments for and against capital punishment, and an overview of the legal constructs for analysis of Eighth Amendment issues.
    • Trial Procedures. This group of chapters covers the constitutional issues that have shaped the process into a guilt phase and a penalty phase: aggravating circumstances, mitigating circumstances, and a decision on death or life. Topics include categorical bars to the death penalty, such as mental retardation; the function of aggravating evidence to narrow the group of death-eligible defendants; the presentation of aggravating evidence, such as victim-impact evidence; the function of mitigating evidence to provide for individualized consideration of the defendant; the presentation of mitigating evidence; and the decision process, including the distinction between weighing and non-weighing states and life without parole instructions.
    • Post-Trial Procedures. These chapters include direct appeal; habeas corpus, with an emphasis on ineffective assistance of counsel and innocence claims; clemency; and death row issues of insanity and the death row phenomenon.

    Systemic Issues. Pervasive issues of race and gender discrimination are covered as well as the constitutional and practical problem of 'volunteers' for the death penalty. Additionally, there is a chapter that explains and describes international treaty issues in capital cases.

    Future Issues. A final chapter looks at issues that are likely to arise in future death penalty cases, including the constitutionality of executing juveniles and the effect of terrorism on death penalty law.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    CHAPTER 1: INTRODUCTION TO CAPITAL PUNISHMENT LAW . . . 1
    CHAPTER 2:THE DEATH PENALTY DEBATE . . . . . . . . . . . . . . . . . . . 7
    CHAPTER 3: SOURCES OF LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
    CHAPTER 4: CHALLENGES TO THE CONSTITUTIONALITY OF THE DEATH PENALTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
    CHAPTER 5: METHODS OF EXECUTION . . . . . . . . . . . . . . . . . . . . . . 33
    CHAPTER 6: MODERN DEATH PENALTY STATUTES . . . . . . . . . . . 43
    CHAPTER 7:THE DEATH PENALTY TRIAL . . . . . . . . . . . . . . . . . . . 51
    CHAPTER 8: CATEGORICAL BARS TO THE DEATH PENALTY . . . 63
    CHAPTER 9: OVERVIEW OF AGGRAVATING EVIDENCE: THE ELIGIBILITY FUNCTION AND THE SELECTION FUNCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
    CHAPTER 10:>/b> AGGRAVATING CIRCUMSTANCES: ELIGIBILITY OF THE CASE FOR THE DEATH PENALTY . . . . . . . . . . . 103
    CHAPTER 11: AGGRAVATING EVIDENCE AND THE SELECTION DECISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
    CHAPTER 12: SELECTION PROCESS: MITIGATION . . . . . . . . . . . . . 131
    CHAPTER 13: SELECTION PROCESS: THE LIFE OR DEATH DECISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
    CHAPTER 14: DIRECT APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
    CHAPTER 15: POSTCONVICTION PROCEEDINGS: THE WRIT OF HABEAS CORPUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
    CHAPTER 16: INEFFECTIVE ASSISTANCE OF COUNSEL . . . . . . . . 205
    CHAPTER 17: INNOCENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
    CHAPTER 18: CLEMENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
    CHAPTER 19: DEATH ROW ISSUES: INSANITY AND DEATH ROW PHENOMENON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
    CHAPTER 20: RACE AND THE DEATH PENALTY . . . . . . . . . . . . . . . 279
    CHAPTER 21:GENDER BIAS AND THE DEATH PENALTY . . . . . . . . 297
    CHAPTER 22: VOLUNTEERS: DEFENDANTS WHO WANT TO DIE . 305
    CHAPTER 23: INTERNATIONAL TREATY RIGHTS AND THE USE OF FOREIGN LAW IN DEATH PENALTY CASES . . . . . . . 321
    CHAPTER 24: THE FEDERAL DEATH PENALTY . . . . . . . . . . . . . . . . 347
    CHAPTER 25:FUTURE ISSUES IN CAPITAL PUNISHMENT LAW . . 361
    Table of Cases?????????????.. TC-1
    Index ???????????????.I-1

     

     

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