Download An American Dilemma: International Law, Capital Punishment, by Mary Welek Atwell (auth.) PDF

By Mary Welek Atwell (auth.)

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Additional info for An American Dilemma: International Law, Capital Punishment, and Federalism

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Yet, as David Dow argues, the lawyer’s performance is literally a matter of life and death. He asserts that half of those on death row had crucial constitutional violations at trial. 27 Strickland and the cases that followed seemed to doom constitutional claims of ineffective assistance of counsel, even the exceptionally deficient work of defense lawyers in some of the cases discussed in the following chapters. Defendants with a Disadvantage: Ford, Penry, and Atkins Additional questions have been raised in the modern era concerning whether the Constitution prohibits capital punishment for certain categories of defendants.

The prosecution will have devoted its efforts to describing the horrors of the crime and the monstrosity of the person accused. If the jury has found him or her guilty during the first phase of the trial, the defense attorney must offer them a compelling humanizing story in the sentencing phase—or a death sentence will result. Thus, the value of allowing evidence in mitigation is contingent on having an attorney with the ability, the will, and the competence to put that evidence before a jury. The court addressed the issue of adequate representation in death cases in Strickland v.

13 In 1972, the court first applied those standards to address the question of whether capital punishment itself was constitutional. Furman and Gregg: The Modern Foundation Between 1967 and 1977, the United States was in the mainstream of the movement away from capital punishment. During those years, not one person was executed in the United States. It was generally known that the Supreme Court was likely to accept a case that raised the issue of the death penalty’s constitutionality. In 1972, they heard three death penalty cases grouped under the name, Furman v.

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