Home -> Law Blog Directory -> Criminal Law Blogs -> Capital Defense Weekly

Criminal Law

: Capital Defense Weekly

New Hampshire announces proportionality standards, with an odd twist

By Karl R. Keys, Esq.

The opinion in New Hampshire v. Michael Addison is now available.  For proportionality purposes, only cases where death is imposed, but with a twist: We agree that instate case comparison is preferable. Local jury verdicts best express contemporary community values regarding whether the punishment of death is appropriate for a particular crime committed by a particular defendant.. . .  [However,] in this case we will consider published opinions of out-of-state cases to the extent such comparison would be meaningful for performing comparative proportionality review under the framework set forth in this opinion. If New Hampshire?s death penalty jurisprudence develops beyond this first death penalty case of its kind, we may in the future find it unnecessary to consider out-of-state cases for purposes of comparative proportionality continue to full post

Full post as published by Capital Defense Weekly on October 07, 2010 (boomark / email).