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Criminal Law

: Sentencing Law and Policy

A Sunsteinian death penalty puzzle

By Douglas A. Berman

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Professors Cass Sunstein and Justin Wolfers have this notable commentary in the Washington Post, headlined "A Death Penalty Puzzle: The Murky Evidence for and Against Deterrence."  Here is how it starts and ends: Although the Supreme Court banned capital punishment for child rape last week, the justices have made it clear that for homicide, states may inflict the ultimate penalty. Last month, capital punishment resumed after a seven-month moratorium.  Rapid scheduling of executions followed the Supreme Court's ruling in Baze v. Rees, reaffirming the constitutionality of the death penalty in general and lethal injection in particular. To support their competing conclusions on the legal issue, different members of the court invoked work by each of us on the deterrent effects of the death penalty...continue to full post

Full post as published by Sentencing Law and Policy on June 30, 2008 (boomark / email).

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