NCJ Number
123003
Journal
Vanderbilt Law Review Volume: 42 Issue: 5 Dated: (October 1989) Pages: 1299-1363
Date Published
1989
Length
65 pages
Annotation
This analysis of recent death penalty litigation before the United States Supreme Court and several State courts concludes that both sound legal doctrine and a supporting empirical foundation are required for effective challenges to the death penalty on State constitutional grounds.
Abstract
Supreme Court decisions in the 1970's both invalidated standardless legislation on capital sentencing and upheld laws that narrowed the range of capital crimes and provided standards to guide the use of sentencing discretion. However, the resulting legal doctrines are basically unworkable and were nearly overturned in 1987 as a result of recognition that serious problems remain regarding discrimination and arbitrariness in the administration of the death penalty. Nevertheless, State supreme courts making decisions regarding the death penalty can focus on the values and traditions reflected in their constitutions and on current notions of fairness and decency in their States, as well as on Federal decisions. Thus, lawyers initiating litigation must consider both empirical issues and the legal doctrines specific to their State. 315 footnotes.