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Capital Punishment and the Judicial Process

Author: Randall Coyne
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This new edition updates and expands the second. With the media's attention continually focused on capital punishment cases, the death penalty remains a lightning-rod issue. Coyne and Entzeroth concentrate on Eighth Amendment and capital punishment issues and include a discussion of post-conviction and federal habeas corpus issues. It includes consideration of all major Supreme Court cases interpreting the new law, and discusses recent developments in the field, including an expanded focus on innocence and the American Bar Association's call for a moratorium on executions. "The authors have provided a comprehensive text on the subject and filled a major void in this area. Moreover, as their 1996-97 supplement indicates, they intend to continue to provide their readers with the most current and complete materials regarding capital punishment. They deserve thanks and congratulations for all of us who are interested in this area of the law." - Journal of Contemporary Criminal Justice review of the first edition


Capital Punishment And the Judicial Process 2005 Supplement

Author: Randall Coyne
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The 2005-2006 Supplement contains the most recent Supreme Court decisions including Roper v. Simmons (declaring unconstitutional the execution of juveniles); Deck v. Mississippi (ruling it unconstitutional to visibly shackle and handcuff a prisoner during the capital sentencing phase); Bell v. Cone (yet another decision interpreting the “especially heinous, atrocious or cruel” aggravating factor); Brown v. Payton (dealing with whether a religious conversion in prison should be considered as mitigating evidence); Florida v. Nixon (applying Strickland v. Washington to a case where a defense lawyer, without the client's express authorization, conceded to the jury that the client was in fact guilty); and many others. Recent developments under the AEDPA and international law are also surveyed.


Capital Punishment in America

Author: Evan J. Mandery
Publisher: Jones & Bartlett Publishers
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This revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.


Social Research in the Judicial Process

Author: Wallace D. Loh
Publisher: Russell Sage Foundation
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"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.


Law Politics and the Judicial Process in Canada

Author: Frederick Lee Morton
Publisher: University of Calgary Press
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Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. The revised and updated third edition features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.


Justice Stanley Mosk

Author: Jacqueline R. Braitman
Publisher: McFarland
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"This is the first biography of Stanley Mosk (1912-2001). It recounts Mosk's previously unexplored pre-Court years where he quickly rose as a leader among Los Angeles reformers, becoming the executive secretary of California governor Culbert Olson and then gaining wide popularity during his 16 years as a superior court judge"--Provided by publisher.


The Death Penalty

Author: Ernest Van den Haag
Publisher: Springer Science & Business Media
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From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.


Most Deserving of Death

Author: Kenneth A. Williams
Publisher: Ashgate Publishing, Ltd.
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This book demonstrates that it is the inconsistent and often incoherent jurisprudence of the United States Supreme Court which accounts for a system so lacking in public confidence. Kenneth Williams examines issues of jury selection, ineffective assistance of counsel, and the role of race and claims of innocence which affect the Court's decisions. It provides a unique understanding of the dynamics of an alarmingly problematic system and will be valuable to those interested in human rights and criminal justice.


Most Deserving of Death

Author: Professor Kenneth Williams
Publisher: Ashgate Publishing, Ltd.
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The role of capital punishment in America has been criticised by those for and against the death penalty, by the judiciary, academics, the media and by prison personnel. This book demonstrates that it is the inconsistent and often incoherent jurisprudence of the United States Supreme Court which accounts for a system so lacking in public confidence. Using case studies, Kenneth Williams examines issues such as jury selection, ineffective assistance of counsel, the role of race and claims of innocence which affect the Court's decisions and how these decisions are played out in the lower courts, often an inmate's last recourse before execution. Discussing international treaties and their lack of impact on capital punishment in America, this book has international appeal and makes an important contribution to legal scholarship. It also provides a unique understanding of the dynamics of an alarmingly problematic system and will be valuable to those interested in human rights and criminal justice.


The Judicial Process

Author: Christopher P. Banks
Publisher: CQ Press
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The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.