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Criminal Law

: Capital Defense Weekly

Capital scholarship roundup

By Karl R. Keys, Esq.

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As promised a few days ago, after the jump, the latest scholarship from SSRN & the various law review sources. [more] Douglas A. Berman and Stephanos Bibas (Ohio State University - Michael E. Moritz College of Law and University of Pennsylvania Law School) Engaging Capital Emotions: The Supreme Court, in Kennedy v. Louisiana, is about to decide whether the Eighth Amendment forbids capital punishment for child rape. Commentators are aghast, viewing this as a vengeful recrudescence of emotion clouding sober, rational criminal justice policy. To their minds, emotion is distracting. To ours, however, emotion is central to understand the death penalty. Descriptively, emotions help to explain many features of our death-penalty jurisprudence...continue to full post

Full post as published by Capital Defense Weekly on June 01, 2008 (boomark / email).

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