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New scholarship

By Karl R. Keys, Esq.

New scholarship on mitigation is noted. H. Mitchell Caldwell and Thomas W. Brewer, DEATH WITHOUT DUE CONSIDERATION? OVERCOMING BARRIERS TO MITIGATION EVIDENCE BY “WARMING” CAPITAL JURORS TO THE ACCUSED. 51 Howard Law Journal 193 (Winter 2008). From the abstract: “A significant concern in capital trials is the formidable obstacles impeding the jurors’ ability to consider defense mitigation evidence at sentencing. Race, economic status and guilt phase fact contamination impose are weighty barriers to due consideration. Co-author Brewer’s groundbreaking empirical study analyzing the perceptions capital jurors form about the defendant offers new and revealing insight about how jurors’ perceptions of capital defendants are shaped and how they bear on the jurors’ life or death decision...continue to full post

Full post as published by Capital Defense Weekly on May 20, 2008 (boomark / email).