Full Description
The death penalty landscape has changed considerably since the 1998 first edition of this book. For example, six states that had the death penalty--Connecticut, Illinois, Maryland, New Jersey, New Mexico and New York--no longer impose the punishment. Some of the changes set out in this second edition involve discussions of all of the significant cases decided by the United States Supreme Court after 1998, including Roper v. Simmons, 543 U.S. 551 (2005); Atkins v. Virginia, 536 U.S. 304 (2002); Schriro v. Smith, 126 S.Ct. 7 (2005); Harbison v. Bell, 129 S.Ct. 1481 (2009); Holmes v. South Carolina, 126 S.Ct. 1727 (2006); Kansas v. Marsh, 126 S.Ct. 2516 (2006); Ring v. Arizona, 536 U.S. 584 (2002); Sattazahn v. Pennsylvania, 537 U.S. 101 (2003).
This new edition includes 13 new chapters. They cover such topics as capital felon's defense team; habeas corpus, coram nobis and section 1983 proceedings; the Innocence protection act and post-conviction DNA testing; challenging the death sentence under racial justice acts; inhabited American territories; and the costs of capital punishment.
Contents
Table of Contents
List of Tables and Boxes
Introduction
Part I. General Considerations
1. The Common Law and Capital Punishment
2. The Eighth Amendment and Furman v. Georgia
3. Double Jeopardy and Ex Post Facto
4. Right to Counsel and Right to Remain Silent
5. Capital Felon's Defense Team
Part II. Initiating Capital Prosecutions
6. Charging Discretion of a Prosecutor
7. Capital Murder Charging Instruments
8. Death Penalty Notice Requirements
9. Prosecuting a Nontriggerman
10. Foreign Nationals and Capital Punishment
Part III. Court Proceedings
11. Death-Eligible Offenses
12. Determining Guilt Before Penalty Phase Hearing
13. Structure and Nature of Penalty Phase
14. Statutory Aggravating Circumstances
15. Mitigating Circumstances
16. Penalty Phase Burden of Proof
Part IV. Post-Conviction Proceedings
17. Automatic Appellate Review of Death Sentence
18. Habeas Corpus, Coram Nobis and Section 1983 Proceedings
19. The Innocence Protection Act and Post-Conviction DNA Testing
20. Challenging Death Sentence Under Racial Justice Acts
Part V. Laws Related to Execution
21. Barriers to Execution
22. Death Row
23. Witnessing an Execution
24. Execution Methods and Corpse Disposal
Part VI. Other Capital Punishment Issues
25. Military Death Penalty Laws
26. Native Americans and Capital Punishment
27. Inhabited American Territories and Capital Punishment
28. Opposition to Capital Punishment
29. The Costs of Capital Punishment
Appendix: State and Federal Death Penalty Laws
Glossary of Legal Terms
Chapter Notes
Bibliography
Index
