LAW 6251 - Death Penalty Seminar

This seminar examines some general jurisprudential and ethical issues related to the American system of capital punishment in the United States. This seminar will explore the statutory and constitutional rules regarding implementation of the death penalty in the United States. The course will begin with a study of moral and policy arguments for and against the death penalty, focusing on research concerning deterrence and retribution. The course will then address the development of Eighth and Fourteenth Amendment restrictions on the use of the death penalty, including the requirements of “guided discretion” and individualization of sentencing, and categorical exemptions from the death penalty for certain offenses and categories of offenders. The course will examine the constitutional and policy issues surrounding methods of execution. We will examine the unique hallmarks of a capital trial including the right to effective assistance of counsel, selection of a “death qualified” jury, the use of aggravating and mitigating evidence in the punishment phase of the trial, and issues created by the use of victim impact evidence. The prominent issue of race and its relation to the death penalty will also be addressed, as will the special federalism concerns raised by the application of the federal death penalty in non-death States. We will conclude by examining the status of the death penalty across the United States and globally and will consider the future of its use. Throughout, we will read leading cases, briefs, portions of books, law review articles, as well as social science studies.

Credits: 2