Perspectives on Capital Punishment in America

Book excerpt: Searching inquiry into the contours of capital punishment in America. Containing over 1300 footnotes, the chapters by ten young scholars explore the sometimes-ignored fine details of the death penalty. Topics include the impropriety of applying the death penalty to felony murder, the implications of death row exonerations and their impact on access to post-conviction DNA testing, media impacts on capital cases, death qualification of capital juries and its impact on the right of prospective capital jurors to enjoy First Amendment protection of the free exercise of their religions, the fiscal conservative and social conservative argument favoring abolition of the death penalty, the need for a heightened standard of proof - greater than beyond a reasonable doubt - at the penalty phase of capital trials, federal habeas corpus protections for state-sentenced capital offenders and the constitutionality of limits on "actual innocence" equitable tolling, tips and techniques for capital defense counsel representing defendants who were acutely substance-impaired at the time of the crime or have a history of chronic substance abuse or chemical dependency, the impropriety of allowing counsel to argue fiscal matters to the jury, such as that either execution or life imprisonment is the "cheapest" option for society, and the role the death penalty should and does play within the Uniform Code of Military Justice. Arising out of a Death Penalty Seminar, and much more than a mere re-hashing of the arguments favoring and opposing the death penalty, this volume presents scholarship intended to help fuel the capital punishment debate in America.