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scholarship on Panetti

By cdw

I’ve been waiting to hear (or perhaps more accurately see) Doug Berman’s reaction @ the Sentencing Blog to Executing Retributivism by Dan Markel and its analysis of Panetti v Quarterman.  Specifically, Prof. Markel presents a strong argument for not reading Panetti in an unduly narrow manner. While I find the article has intuitive appeal, the issue is one of sentencing theory that Doug is unusually skilled at deciphering.  Unfortunately Doug hasn’t weighed in yet.  With that said, those who might be in a forum where such an article might be persuasive would do well to head over to SSRN and check it out. From the article’s abstract: In Panetti v. Quarterman, a Supreme Court case from last year about the standard of mental competence required for execution, the Court demanded that the defendant must rationally understand why he is being killed...continue to full post

Full post as published by Capital Defense Weekly on October 22, 2008 (boomark / email).