MARK CRISPIN MILLER - In this post, Mark Crispin Miller publishes a statement made by the September 11th Advocates, a high-profile group of 9/11 widows, in response to the government’s decision to seek the death penalty for the “Guantanamo 6.” They stress the importance of making the evidence in these cases public and assuring that each defendant has a fair trial. Since these trials will be scrutinized by America and the international community, the advocates argue that the American judicial tradition of due process must be respected....
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BECKER-POSNER - Weighing the economic arguments for and against the death penalty, Gary Becker concludes that the effect of capital punishment as a deterrent empirically outweighs the comparatively small risk of executing an innocent person. Becker also acknowledges that the publicized reformation of condemned criminals has an intrinsic social value. However, since criminals now that repudiation of past crimes is likely to win them clemency, this effect is ultimately trumped by the deterrent power of executions....
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INTLAWGRRLS - Diane Marie Amman summarizes the majority and dissenting opinions in the Nebraska Supreme Court’s recent decision to ban the use of the electric chair for executions. She notes that the court’s ability to examine factual documentation of the physiological effects of electrocution on prisoners was an important factor in the decision. Amman also draws parallels between the Nebraska decision and a case currently before the US Supreme Court challenging the legality of some forms of lethal injection....
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