‘The accused is innocent until proven guilty’-jurors take this fundamental tenet of the United States criminal justice system seriously as they approach their role as deciders of a defendant’s fate. What happens after a verdict is rendered is markedly less clear. Once a guilty verdict has been handed down, the defendant in a criminal trial can too easily cease to be seen as a “person” and be reduced in the eyes of a jury to no more than the sum of his worst actions. This transition can be especially damaging in the penalty phase of a capital trial, where a jury that has declared a defendant’s guilt minutes before is now asked to look beyond the defendant’s crime and determine if he is worthy of life.
Feminism takes as its distinctive focus gender-based injustices, and critically investigates the nature of and remedies for these injustices. Feminism flourishes in diverse fields of thought and practice, and its critical claims – centering on injustices to women – play
Discusses from feminist perspective how personal history should be used in criminal cases as a matter of defense strategy and social responsibility.
Capital punishment has been applied in North America virtually since the first European settlers arrived. It has been estimated that about 16,000 people have been legally executed in the United States and its colonial predecessors; an unknown additional number of
This article argues Allyene signals a shift in the availability of constitutional challenges in cases where sentencing factors are particularly important.