Second-guessing the quality of mercy: due process in state executive clemency proceedings

Article Abstract:

The US Supreme Court, in Ohio Adult Parole Authority v. Woodard, ruled that Ohio's executive clemency procedures are constitutional under the Due Process Clause and the 5th Amendment's privilege against compelled self-incrimination. Although outwardly correct, the concurring and dissenting opinions reveal that the Court erroneously regards due process safeguards as available to death-row inmates seeking clemency. However, the political system's review of clemency decisions makes expanded judicial review unnecessary.

United States, States, Due process of law, Pardon, Pardons

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A case for speedier executions

Article Abstract:

The Supreme Court in Felker v. Turpin upheld the habeas corpus provisions in the Antiterrorism and Effective Death Penalty Act of 1996. In addition, the structure, tone and context of the opinion indicate that the Court has accepted the policy of Congress to restrict habeas corpus appeals and expedite executions. The distance between the surface language of the opinion and the policy subtext may indicate that the Court has exercised judicial restraint by deferring to legislative policy.

Habeas corpus

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The death penalty and victim impact evidence

Article Abstract:

The Supreme Court held in Payne v Tennessee that victim impact evidence could be admissible in capital sentencing proceedings without violating the Eighth Amendment. The court explicitly overruled its previous decisions in Booth v Maryland and South Carolina v Gathers in ruling that such evidence does not inherently prejudice the defendant. The court was correct in deferring to the states to determine the relevance of victim impact evidence.

Victims of crimes, Crime victims

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