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Categories
Carol S. Steiker & Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment (Harvard Univ. Press 2016).
Categories:
Criminal Law & Procedure
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Eighth Amendment
,
Fifth Amendment
,
Capital Punishment
,
Supreme Court of the United States
Type: Book
Abstract
"Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time. In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by its restoration in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place. While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty's new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues"-- Provided by publisher.
Carol Steiker, 'To See a World in a Grain of Sand': Dignity and Indignity in American Criminal Justice, in The Punitive Imagination: Law, Justice, and Responsibility 19 (Austin Sarat ed., Univ. Ala. Press 2014).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
,
Sentencing & Punishment
Type: Book
Abstract
The starting point for this symposium is the striking punitive turn that has occurred in the United States over the past forty years—a change in public discourse and public policy that has yielded a staggering increase in the rate of incarceration, along with other dramatic changes such as the rise of the “supermax” prison, the proliferation of mandatory sentences and sentences of life without parole, the increasing treatment of juvenile offenders...
Carol S. Steiker, Gideon at Fifty: A Problem of Political Will, 122 Yale L.J. 2694 (2013).
Categories:
Criminal Law & Procedure
,
Legal Profession
Sub-Categories:
Criminal Justice & Law Enforcement
,
Legal Reform
Type: Article
Abstract
Although it is fitting to celebrate Gideon’s promise of representation for indigent criminal defendants at this landmark anniversary, it is important also to note that part of Gideon’s legacy should be our recognition of the limits of law in the fulfillment of that promise. Law’s most powerful role in the struggle to ensure adequate representation for the poor in criminal cases will be in its capacity to generate and direct the political will to produce institutional change. The critical question to ask is how law can help to move the political actors who control the power of the purse, the organization and administration of indigent defense services, and the shape of the substantive criminal law to allocate the resources and make the institutional changes that are necessary to fix what in many jurisdictions is a failing system of indigent defense. Although there is no silver bullet, there are a variety of complementary strategies that can and should be pursued. These strategies include working for legislative change to limit the scope of the substantive criminal law, promoting the success of structural reform litigation in both federal and state courts, enlisting the support of state bar overseers and associations as well as the ABA, enlisting the private defense bar and NGOs that specialize in criminal defense to set higher norms of practice, urging greater federal government involvement in promoting indigent defense reform in the states, promoting social entrepreneurship to generate creative solutions to the indigent defense crisis, and harnessing both the great power of the media to educate and motivate the public and the more targeted power of the legal academy to educate and motivate the next generation of lawyers to address this pressing problem.
Adriaan M. Lanni & Carol S. Steiker, A Thematic Approach to Teaching Criminal Adjudication, 60 St. Louis U. L.J. 463 (2016).
Categories:
Criminal Law & Procedure
,
Legal Profession
Sub-Categories:
Legal Education
Type: Article
Carol Steiker & Jordan M. Steiker, The Racial Origins of the Supreme Court's Death Penalty Oversight, 42 Hum. Rts. 14 (2016).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Capital Punishment
,
Supreme Court of the United States
Type: Article
Abstract
he article focuses on the history of execution of death penalty law in the U.S. It reports abolishment of death penalty in Michigan, Rhode Island, and Wisconsin. It also discusses the amendment regarding prohibition of death penalty law; history of African American slavery and lynch mob violence; and Tennessee's abolition of capital punishment.
Carol S. Steiker & Jordan M. Steiker, The American Death Penalty and the (In)Visibility of Race, 82 U. Chi. L. Rev. 243 (2015).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Capital Punishment
,
Sentencing & Punishment
,
Race & Ethnicity
Type: Article
Carol S. Steiker, Can/Should We Purge Evil Through Capital Punishment?, 9 Crim. L. & Phil. 367 (2015).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Carol S. Steiker, Choosing Our Heroes: Skelly Wright and Atticus Finch 61 Loy. L. Rev. 125 (2015).
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Biography & Tribute
Type: Article
Carol S. Steiker, Gideon's Problematic Promises, 143 Daedalus 51 (2014).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
Type: Article
Carol S. Steiker & Jordan M. Steiker, Lessons for Law Reform from the American Experiment with Capital Punishment, 87 S. Cal. L. Rev. 733 (2014).
Categories:
Criminal Law & Procedure
,
Legal Profession
Sub-Categories:
Capital Punishment
,
Sentencing & Punishment
,
Legal Reform
Type: Article
Abstract
The American death penalty is often described as anomalous, distinctive, or exceptional in the sense that at present, in the early years of the twenty-first century, the United States is the sole Western democracy that retains the practice of capital punishment. However, a second aspect of American exceptionalism in this context has largely escaped notice. The United States has chosen not merely to retain the death penalty while its peer nations have abolished it; rather, the United States has embarked on nearly 40 years (since 1976) of intensive, top-down, constitutional regulation of the practice by the federal courts, led by the U.S. Supreme Court. The choice of regulation in the place of mere retention has produced a complex web of interactions among the federal judiciary and state and local legislatures, executive officials, courts, and of course activists on both sides of the issue and the general court of public opinion. Close study of these interactions generates a compelling and dynamic story that sheds a great deal of light on the death penalty itself—on its functions and meanings in American society and politics, on its history, and on its future.
Carol S. Steiker & Jordan M. Steiker, Judicial Developments in Capital Punishment Law, in America's Experiment with Capital Punishment Reflections on the Past, Present, and Future of the Ultimate Penal Sanction (James R. Acker, Robert M. Bohm & Charles S. Lanier, eds. 3rd ed. 2014).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Book
Abstract
The third edition of America's Experiment with Capital Punishment has been expanded and updated to include several important developments since the publication of the second edition in 2003. New evidence is presented about the incidence of wrongful convictions, racial and geographical disparities in capital charging and sentencing practices, deterrence, trends in public opinion, jury decision-making, how the capital punishment process affects the families of both murder victims and offenders, the conditions and consequences of death row incarceration, the financial costs of capital punishment, executive clemency, and many other issues. Renewed attention is given to execution methods (focusing on lethal injection), capital punishment for persons with intellectual disabilities, and other matters of significance. Legal developments also are chronicled, including trends in the Supreme Court's interpretation and application of the ''evolving standards of decency'' and related Eighth Amendment principles, the prohibition against executing juvenile offenders, significant changes in federal habeas corpus policies, and the repeal of death-penalty statutes in several states. New chapters have been added to address the historical evolution of capital punishment (John Bessler), and the death penalty for persons with mental disabilities (Christopher Slobogin). Several additional authors have joined to produce the updated chapters. The book's twenty-six chapters critically analyze the history, politics, law, empirical evidence, and principled underpinnings of the contemporary debate about the death penalty in America. They also assess likely future trends in capital punishment law and practice. Written by the country's leading legal and social science scholars, the chapters collectively represent the most comprehensive and illuminating treatment of death penalty issues presently available in a single volume.
Carol S. Steiker & Jordan M. Steiker, Judicial Developments in Capital Punishment Law, in America's Experiment with Capital Punishment: Reflections on the Past, Present and Future of the Ultimate Penal Sanction 77 (James R. Acker, Robert M. Bohm & Charles S. Lanier eds., 3rd ed. 2014).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Book
Carol S. Steiker, Raising the Bar: Maples v. Thomas and the Sixth Amendment Right to Counsel, 127 Harv. L. Rev. 468 (2013).
Categories:
Criminal Law & Procedure
,
Legal Profession
,
Constitutional Law
Sub-Categories:
Capital Punishment
,
Biography & Tribute
Type: Article
Carol S. Steiker, Book Review: Capital Punishment and Contingency, 125 Harv. L. Rev. 760 (2012)(reviewing David Garland, Peculiar Institution: America’s Death Penalty in an Age of Abolition (2010)).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Sanford H. Kadish, Stephen Schulhofer, Carol S. Steiker & Rachel E. Barkow, Criminal Law and Its Processes: Cases and Materials (Aspen 9th ed. 2012).
Categories:
Criminal Law & Procedure
,
Legal Profession
Sub-Categories:
Sentencing & Punishment
,
Criminal Defense
,
Criminal Justice & Law Enforcement
,
Criminal Prosecution
,
Legal Education
Type: Book
Abstract
The authors present a cohesive intellectual framework that views the law as an instrument of social control, providing an analytical tool with which students can interpret and understand doctrine. This work focuses on developing an understanding of principles and rules applicable to all crimes, rather than the detailed and disjointed elements of any particular crime. Cases-and-notes pedagogy, with excerpted materials, questions, and problems, illuminate the material. Problems enhance students’ understanding of the basic principles by testing their applications and interactions in the context of particular offenses.
The Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz (Michael J. Klarman, David Skeel & Carol Steiker eds., Cambridge Univ. Press 2012).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
Type: Book
Carol S. Steiker, The Last Gasp: The Rise and Fall of the American Gas Chamber, 98 J. Am. Hist. 890 (2011).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Carol S. Steiker & Jordan M. Steiker, Why Death Penalty Opponents Are Closer to Their Goal Than They Realize, New Republic, Sept. 27, 2011.
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Carol S. Steiker, Daniel C. Richman, David A. Skeel, Martha Minow, Michael J. Klarman, Pamela S. Karlan & Robert E. Scott, In Memoriam: William J. Stuntz, 124 Harv. L. Rev. 1844 (2011).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Article
Carol S. Steiker, Introduction to Symposium, Mass Incarceration: Causes, Consequences, and Exit Strategies, 9 Ohio St. J. Crim. L. 1 (2011).
Categories:
Criminal Law & Procedure
Sub-Categories:
Prison Law & Prisoners' Rights
,
Criminal Justice & Law Enforcement
Type: Article
Carol S. Steiker & Jordan M. Steiker, No More Tinkering: The American Law Institute and the Death Penalty Provisions of the Model Penal Code, 89 Tex. L. Rev. 353 (2010).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
,
Sentencing & Punishment
Type: Article
Abstract
This Special Feature contains the full text of the report we wrote for the American Law Institute that provided the scholarly background for the ALI’s eventual withdrawal of the death penalty provisions of the Model Penal Code. The report is exactly as it was submitted to the ALI, and it is preceded by an introduction providing some historical context regarding the ALI’s involvement with the death penalty and describing the report’s production and aftermath.
Carol S. Steiker & Jordan M. Steiker, Part II: Report to the ALI Concerning Capital Punishment, 89 Tex. L. Rev. 367 (2010).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
,
Sentencing & Punishment
Type: Article
Carol S. Steiker, Kagan and the Legacy of Marshall, Nat'l L.J., July 26, 2010.
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Supreme Court of the United States
,
Biography & Tribute
Type: News
Carol S. Steiker & Jordan M. Steiker, Capital Punishment: A Century of Discontinuous Debate 100 J. Crim. L. & Criminology 643 (2010).
Categories:
Criminal Law & Procedure
,
Legal Profession
Sub-Categories:
Capital Punishment
,
Sentencing & Punishment
,
Legal History
Type: Article
Abstract
This essay challenges the easy (because partially true) assumption that there is nothing new under the sun in death penalty discourse. Rather, debates about capital punishment have been as much discontinuous as continuous over the past century. Some arguments that were made in the past have been entirely discredited or even forgotten today, while our current debates contain arguments that would be utterly foreign to denizens of earlier decades, despite the fact that they cared deeply about the issue of capital punishment in their own times. This essay describes two “lost” arguments from the past in favor of retention of capital punishment: the contention that capital punishment was a necessary antidote to extrajudicial lynchings and the defense of capital punishment as part of a larger program of eugenics endorsed by many progressive leaders of the late nineteenth and early twentieth centuries. The essay also explores two “new” abolitionist arguments from the present: the fiscal argument about the greater cost of capital punishment even in comparison to life imprisonment and the concerns raised about the suffering of those awaiting execution for lengthy periods (the so-called “Death Row Phenomenon”). Death penalty discourse has not been as static as is often assumed, and the debates of each era provide a window onto both the nature of the actual practice of the death penalty in different times and the broader social contexts in which that practice has operated.
Carol S. Steiker & Jordan M. Steiker, Cost and Capital Punishment: A New Consideration Transforms an Old Debate, 2010 U. Chi. Legal F. 117.
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Abstract
American capital practice has changed markedly over the past four decades. Constitutional regulation of state death penalty practices has transformed the size and scope of capital trials; federal and state court review of capital verdicts has become more intricate and time-consuming; and state death rows remain quite large despite significant declines in capital sentencing. These changes have altered the cost of capital punishment and, perhaps more importantly, public perceptions about the cost of capital punishment. Government officials, death penalty opponents and supporters, and the broader public have slowly but now almost unanimously concluded that the costs of capital punishment outweigh the costs of lifetime noncapital incarceration. This article documents the emergence of the cost argument against the death penalty and discusses the rhetorical and strategic functions of such an argument in the modern era, including the possible role of cost in bringing an end to the American death penalty.
Carol s. Steiker & Jordan M. Steiker, The Beginning of the End?, in The Road to Abolition: The Future of Capital Punishment in the United States 97 (Charles Ogletree & Austin Sarat eds., 2009).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Book
Abstract
This chapter examines the prospects for the abolition of death penalty in the United States. It considers the process through which abolition will occur and explains why this process will differ from the pattern that has been seen in European countries such as Portugal, Germany, Italy, and the Netherlands. It then discusses emerging prospects for the constitutional abolition of capital punishment in the United States in the modern era. It also analyzes the “first-generation” constitutional challenges to the death penalty advanced in the Supreme Court case Furman v. Georgia, which were rejected in subsequent cases, along with other developments that raise the possibility of constitutional change in the status of capital punishment. Finally, it outlines the most likely course that abolition will take and assesses its implications for abolitionist lawyers and activists.
Carol S. Steiker, Furman v. Georgia: Not an End, But a Beginning, in Death Penalty Stories (John Blume & Jordan Steiker eds., 2009).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Book
Carol S. Steiker, Brandeis in Olmstead: "Our Government is the Potent, the Omnipresent Teacher", 79 Miss. L.J. 149 (2009).
Categories:
Government & Politics
,
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Fourth Amendment
,
Criminal Defense
,
Criminal Prosecution
,
Criminal Evidence
,
Supreme Court of the United States
,
Judges & Jurisprudence
Type: Article
Abstract
This article discusses Justice Louis Brandeis's dissent in ♦Olmstead v. United States♦ from the Taft Court's decision to exempt government wiretapping from constitutional regulation. This is generally considered to be one of the great dissents for two reasons: (1) —its vindication on the issue of the constitutional status of wiretapping by the Warren Court in the famous Katz decision, and (2) its grounding of Fourth Amendment guarantees as rights of “privacy.” However, Professor Steiker argues that this dissent has an even stronger claim of greatness: Justice Brandeis's at once lyrical and indignant call for the repudiation of government lawbreaking in the pursuit of its own law enforcement goals, as such lawbreaking teaches contempt for the law.
Carol S. Steiker & Andrew E. Taslitz, Introduction to the Symposium: The Jena Six, the Prosecutorial Conscience and the Dead Hand of History, 44 Harv. C.R.-C.L. L. Rev. 275 (2009).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Justice & Law Enforcement
,
Criminal Prosecution
,
Race & Ethnicity
Type: Article
Abstract
This Symposium seeks to use the Jena Six case as a vehicle for exploring troubling modern problems of racial justice in the American criminal justice system. The purpose of this Introduction is to offer the reader a factual overview of the case, explain its socio-legal significance, outline the Symposium’s goal, and summarize how each of the articles in this Symposium seeks to further that goal.
Carol S. Steiker, Sculpting the Shape of Nullification Through Jury Information and Instruction (response to Andrew Leipold), in Criminal Law Conversations 553 (Paul Robinson, Stephen P. Garvey & Kimberly Ferzan eds., 2009).
Categories:
Criminal Law & Procedure
Sub-Categories:
Jury Trials
Type: Book
Carol S. Steiker, The Marshall Hypothesis Revisited, 52 How. L.J. 525 (2009).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
,
Criminal Justice & Law Enforcement
,
Criminal Prosecution
,
Sentencing & Punishment
,
Criminal Defense
Type: Article
Carol S. Steiker, Will Empathy Kill the Death Penalty, or Vice Versa? (Response to Susan Bandes), in Criminal Law Conversations (Paul H. Robinson, Stephen P. Garvey & Kimberly Kessler Ferzan eds., 2009).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Book
Carol S. Steiker, Passing the Buck on Mercy, Wash. Post, Sept. 7, 2008, at B07.
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Prosecution
Type: News
Carol S. Steiker, Murphy on Mercy: A Prudential Reconsideration, 27 Crim. Just. Ethics 45 (2008).
Categories:
Criminal Law & Procedure
,
Disciplinary Perspectives & Law
Sub-Categories:
Criminal Justice & Law Enforcement
,
Legal Theory & Philosophy
Type: Article
Carol S. Steiker & Jordan M. Steiker, Atkins v. Virginia: Lessons from Substance and Procedure in the Constitutional Regulation of Capital Punishment, 57 DePaul L. Rev. 721 (2008).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Eighth Amendment
,
Capital Punishment
Type: Article
Abstract
Symposium: Protecting a National Moral Consensus: Challenges in the Application of Atkins v. Virginia: Seventeenth Annual DePaul Law Review Symposium
Carol S. Steiker, Darrow's Defense of Leopold and Loeb: The Seminal Sentencing of the Century, in Trial Stories 117 (Michael E. Tigar & Angela J. Davis eds., 2008).
Categories:
Criminal Law & Procedure
Sub-Categories:
Sentencing & Punishment
,
Criminal Defense
,
Jury Trials
Type: Book
Carol S. Steiker & Jordan M. Steiker, Opening a Window or Building a Wall? The Effect of Death Penalty Law and Advocacy on Criminal Justice More Broadly, 11 U. Pa. J. Const. L. 155 (2008).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Eighth Amendment
,
Capital Punishment
,
Sentencing & Punishment
,
Criminal Defense
,
Criminal Justice & Law Enforcement
,
Criminal Prosecution
Type: Article
Carol S. Steiker, Panetti v. Quarterman: Is There a "Rational Understanding" of the Supreme Court's Eighth Amendment Jurisprudence, 5 Ohio St. J. Crim. L. 285 (2007).
Categories:
Constitutional Law
,
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Eighth Amendment
,
Capital Punishment
,
Supreme Court of the United States
Type: Article
Carol S. Steiker, Promoting Criminal Justice Reform Through Legal Scholarship: Toward a Taxonomy, 12 Berkeley J. Crim. L. 161 (2007).
Categories:
Criminal Law & Procedure
,
Legal Profession
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Social Change
,
Legal Scholarship
,
Legal Education
Type: Article
Carol S. Steiker, Tempering or Tampering? Mercy and the Administration of Criminal Justice, in Forgiveness, Mercy and Clemency (Austin Sarat & Nasser Hussain eds., Stanford Univ. Press 2007).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
,
Sentencing & Punishment
Type: Book
Carol S. Steiker & Jordan Steiker, A Tale of Two Nations: Implementation of the Death Penalty in "Executing" Versus "Symbolic" States in the United States, 84 Tex. L. Rev. 1869 (2006).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Abstract
This article describes the three types of death penalty jurisdictions in the United States: states without the death penalty by law ("abolitionist states"), states with the death penalty but insignificant numbers of executions ("symbolic states") and states with both the death penalty in law and practice - states actively carrying out executions ("executing states"), focusing on death penalty implementation distinctions between the latter two types of jurisdictions.
Criminal Procedure Stories: An In-Depth Look at Leading Criminal Procedure Cases (Carol S. Steiker ed., Foundation Press 2006).
Categories:
Criminal Law & Procedure
Type: Book
Abstract
Unlike casebooks, this title goes with greater detail into the human stories and the social, political, and legal contexts of the "big" Supreme Court cases regarding criminal justice. It unearths details not available anywhere else. In addition to great narrative enrichment, it provides the provocative thoughts of highly respected scholars who are each experts on the particular cases they address. This book will greatly enhance the teaching of both police practices (a/k/a "Cops and Robbers") and criminal adjudication (a/k/a "Bail to Jail") by providing both important context not available in any casebook and by offering the insights of some of the scholars who have thought the most deeply about these cases and issues.
Carol S. Steiker, No, Capital Punishment is Not Morally Required: Deterrence, Deontology, and the Death Penalty, 58 Stan. L. Rev. 751 (2005).
Categories:
Criminal Law & Procedure
,
Disciplinary Perspectives & Law
Sub-Categories:
Capital Punishment
,
Sentencing & Punishment
,
Empirical Legal Studies
Type: Article
Abstract
Cass Sunstein and Adrian Vermeule argue that, if recent empirical studies finding that capital punishment has a substantial deterrent effect are valid, consequentialists and deontologists alike should conclude that capital punishment is not merely morally permissible but actually morally required. While the empirical studies are highly suspect (as John Donohue and Justin Wolfers elaborate in a separate article in this Issue), this Article directly critiques Sunstein and Vermeule's moral argument. Acknowledging that the government has special moral duties does not render inadequately deterred private murders the moral equivalent of government executions. Rather, executions constitute a distinctive moral wrong (purposeful as opposed to nonpurposeful killing) and a distinctive kind of injustice (unjustified punishment). Moreover, acceptance of "threshold" deontology in no way requires a commitment to capital punishment even if substantial deterrence is proven. Rather, arguments about catastrophic "thresholds" face special challenges in the context of criminal punishment. This Article also explains how Sunstein and Vermeule's argument necessarily commits us to accepting other brutal or disproportionate punishments and concludes by suggesting that even consequentialists should not be convinced by the argument...
Carol S. Steiker & Jordan M. Steiker, The Seduction of Innocence: The Attraction and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy, 95 J. Crim. L. & Criminology 587 (2005).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Abstract
This article articulates the authors' concerns with the focus on innocence in death penalty cases, which derive from a perspective sympathetic to reform or abolition of the death penalty.
Carol S. Steiker, Capital Punishment and American Exceptionalism, in American Exceptionalism and Human Rights (Michael Ignatieff ed., Princeton Univ. Press 2005).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Book
Carol S. Steiker & Jordan M. Steiker, The Shadow of Death: The Effect of Capital Punishment on American Criminal Law, 89 Judicature 250 (2005).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Abstract
Symposium: The Effects of Capital Punishment on the Administration of Justice
Carol S. Steiker & Jordan M. Steiker, Abolition in Our Time, 1 Ohio St. J. Crim. L. 323 (2003).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Carol S. Steiker, Why We're So Tough On Crime, 28 Bos. Rev. 43 (2003) (reviewing James Whitman, Harsh Justice: Criminal Punishment and the Widening Divide Between America and Europe (2003)).
Categories:
Criminal Law & Procedure
Sub-Categories:
Sentencing & Punishment
Type: Article
Carol S. Steiker, Things Fall Apart, but the Center Holds: The Supreme Court and the Death Penalty, 77 N.Y.U. L. Rev. 1475 (2002).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Capital Punishment
,
Supreme Court of the United States
Type: Article
Abstract
Last June, in the course of a week, the Supreme Court issued two death penalty decisions—Atkins v. Virginia and Ring v. Arizona— which together invalidated, at least in part, the administration of capital punishment in roughly two-thirds of the American states that currently retain the death penalty on their books. Atkins prohibited the application of the death penalty to defendants with mental retardation in the twenty states without statutes already precluding such application, and Ring precluded judges (as opposed to juries) from making factual determinations that render a defendant eligi le for capital punishment in the five states where judges alone make capital sentencing determinations. In addition, Ring is likely to affect four states with hybrid sentencing schemes that mandate shared responsibility between judges and juries.
Carol S. Steiker, Capital Punishment: Legal Aspects, in Encyclopedia of Crime and Justice 160 (Joshua Dressler ed., Macmillan Reference 2002).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Book
Carol S. Steiker, The Civil and Criminal Divide, in Encyclopedia of Crime and Justice 160 (Joshua Dressler ed., Macmillan Reference 2002).
Categories:
Criminal Law & Procedure
,
Civil Practice & Procedure
Type: Book
Carol S. Steiker, Capital Punishment and American Exceptionalism, 81 Or. L. Rev. 97 (2002).
Categories:
Criminal Law & Procedure
,
International, Foreign & Comparative Law
Sub-Categories:
Capital Punishment
,
Comparative Law
Type: Article
Abstract
Wayne Morse Center for Law and Politics Symposium: The Law and Politics of the Death Penalty: Abolition, Moratorium, or Reform.
Carol S. Steiker & Jordan M. Steiker, Should Abolitionists Support State Legislative Reform of Capital Punishment?, 63 Ohio St. L.J. 417 (2002).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Abstract
Symposium: Addressing Capital Punishment through Statutory Reform.
Carol S. Steiker & Jordan M. Steiker, Op-Ed, It's Time to Practice the Law We Preach, Newsday, Feb. 20, 2001, at A27.
Categories:
Legal Profession
Sub-Categories:
Legal Services
,
Legal Reform
Type: News
Carol S. Steiker, Proposed Instruction, 3 U. Pa. J. Const. L. 276 (2001).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Jury Trials
,
Capital Punishment
,
Sentencing & Punishment
,
Race & Ethnicity
,
Discrimination
Type: Article
Carol S. Steiker, Solving Some Due Process Puzzles: A Response to Jerold Israel, 45 St. Louis U. L.J. 445 (2001).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Type: Article
Carol S. Steiker, Criminal Justice and Due Process, in Encyclopedia of the American Constitution 709 (Leonard W. Levy & Kenneth L. Karst eds., 2d ed. Macmillan 2000).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
Type: Book
Carol S. Steiker, Death, Taxes, and - Punishment? A Response to Braithwaite and Tonry, 46 UCLA L. Rev. 1793 (1999).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Prosecution
,
Sentencing & Punishment
Type: Article
Abstract
In this essay Carol Steiker responds to two papers: one by John Braithwaite and one by Michael Tonry. The common theme in each that she addresses is their argument that criminal punishment, or at least certain manifestations of it, may well disappear or significantly diminish in the United States in the future. Steiker is skeptical and pessimistic about this prospect. She states that punishment as it is perceived and applied in the United States may be far more immutable – more like "death and taxes." She bases her position on the perspective that punitiveness is both engendered and reinforced, at least in part, by social conditions and institutional arrangements that show no signs of changing. Symposium: The Future of Punishment
Carol S. Steiker, "How Much Justice Can You Afford?" A Response to Stuntz, 67 Geo. Wash. L. Rev. 1290 (1999).
Categories:
Constitutional Law
,
Criminal Law & Procedure
Sub-Categories:
Fourth Amendment
Type: Article
Carol S. Steiker, "First Principles" of Constitutional Criminal Procedure: A Mistake?, 112 Harv. L. Rev. 680 (1999)(reviewing Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles (1997)).
Categories:
Constitutional Law
,
Criminal Law & Procedure
Sub-Categories:
Fourth Amendment
,
Fifth Amendment
Type: Article
Carol S. Steiker, More Wrongs than Rights, in Urgent Times: Policing and Rights in Inner City Communities 49 (Tracey L. Meares & Dan M. Kahan eds., 1999).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Justice & Law Enforcement
,
Civil Rights
Type: Book
Abstract
Examines the constitutional and moral issues behind community policing, including the measures taken to prevent urban crime and the role of individual rights in a democratic society.
Carol S. Steiker, Punishing Hateful Motives: Old Wine in a New Bottle Revives Calls for Prohibition, 97 Mich. L. Rev. 1857 (1999)(reviewing James B. Jacobs & Kimberly Potter, Hate Crimes: Criminal Law & Identity Politics (1998)).
Categories:
Criminal Law & Procedure
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Political Theory
Type: Article
Carol S. Steiker, Foreword: The Limits of the Preventive State, 88 J. Crim. L. & Criminology 771 (1998).
Categories:
Constitutional Law
,
Criminal Law & Procedure
Sub-Categories:
Fourth Amendment
,
Fifth Amendment
,
Fourteenth Amendment
,
Eighth Amendment
,
Sentencing & Punishment
,
Criminal Justice & Law Enforcement
Type: Article
Carol S. Steiker & Jordan M. Steiker, Defending Categorical Exemptions to the Death Penalty: Reflections on the ABA's Resolutions Concerning the Execution of Juveniles and Persons with Mental Retardation, 61 Law & Contemp. Probs. 89 (1998).
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Abstract
Steiker and Steiker discuss the ABA's resolutions regarding the execution of juveniles and persons with mental retardation. The strongest legal case for the ABA's position requires a more nuanced argument than the ABA has advanced.
Carol S. Steiker, Of Cities, Rainforests, and Frogs: A Response to Allen and Rosenberg, 72 St. John's L. Rev. 1203 (1998).
Categories:
Constitutional Law
Sub-Categories:
Fourth Amendment
Type: Article
Carol S. Steiker: Foreword: Punishment and Procedure: Punishment Theory and the Criminal-Civil Procedural Divide, 85 Geo. L.J. 775 (1997).
Categories:
Criminal Law & Procedure
Sub-Categories:
Sentencing & Punishment
Type: Article
Abstract
Twenty-Sixth Annual Review of Criminal Procedure: Foreword. A growing number of cases in the United States Supreme Court and the lower federal and state courts pose versions of the same general question: when do governmental actions which are denominated "civil" by legislature but which deprive citizens of liberty or property count as "punishment" so as to implicate some or all of the special procedural regime reserved for the imposition of criminal punishment? The article begins by considering two recent cases in the Supreme Court which pose quite different versions of the question: United States v. Ursery, which posed a double jeopardy challenge to in rem civil forfeiture actions in light of Halper, Austin, and Kurth Ranch; and Kansas v. Hendricks (currently pending), which poses an ex post facto and double jeopardy challenge to Kansas' "sexually violent predator" law, which authorizes long-term civil commitment for those, inter alia, who have been convicted of sexually violent crimes and who suffer from a "mental abnormality" which renders them likely to offend again. Before offering an analysis of the problems posed by Ursery and Hendricks, the article first explores some of the intellectual, institutional, and socio-cultural causes of the de-stabilization of the criminal-civil distinction in modern American law. It then turns to the work of moral philosophers on punishment theory to attempt to develop an account of punishment that distinguishes it from non-punitive takings of money and property and from non-punitive restrictions on liberty AND that explains how these distinguishing features relate to the separate procedural apparatus we have established for its imposition. Finally, it returns to the Ursery and Hendricks cases to apply the insights developed from moral theory.
Carol S. Steiker, Remembering Race, Rape and Capital Punishment, 84 Va. L. Rev. 693 (1997)(reviewing Eric W. Rise, The Martinsville Seven: Race, Rape, and Capital Punishment (1995)).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Capital Punishment
,
Sentencing & Punishment
,
Criminal Justice & Law Enforcement
,
Discrimination
,
Race & Ethnicity
Type: Article
Carol S. Steiker, Counter-Revolution in Constitutional Criminal Procedure? Two Audiences, Two Answers, 94 Mich. L. Rev. 2466 (1996).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Fourth Amendment
,
Fifth Amendment
Type: Article
Carol S. Steiker, Pretoria, Not Peoria, S v. Makwanyane and Another, 1995 (3) SA 391, 74 Tex. L. Rev. 1285 (1996).
Categories:
Criminal Law & Procedure
,
International, Foreign & Comparative Law
Sub-Categories:
Capital Punishment
,
Comparative Law
Type: Article
Abstract
Favorite Case Symposium.
Carol S. Steiker & Jordan M. Steiker, Sober Second Thoughts: Reflections on Two Decades of Constitutional Regulation of Capital Punishment, 109 Harv. L. Rev. 355 (1995).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Eighth Amendment
,
Capital Punishment
Type: Article
Carol S. Steiker, Book Review: Linda A. Fairstein, Sexual Violence: Our War Against Rape (1993), 30 Trial, no. 4, Apr. 1994, at 74.
Categories:
Criminal Law & Procedure
Type: Article
Carol S. Steiker, Second Thoughts About First Principles, 107 Harv. L. Rev. 820 (1994).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Fourth Amendment
,
Criminal Justice & Law Enforcement
Type: Article
Carol S. Steiker, The Control of Women's Procreative Choices Through the Criminal Justice System in the United States, in Women and the Law 252 (Saras Jagwanth, Pamela-Jane Schwikkard & Brenda Grant eds., 1994).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
,
Health Care
Sub-Categories:
Criminal Prosecution
,
Gender & Sexuality
,
Genetics & Reproduction
Type: Book
Carol S. Steiker, Did You Hear What Thurgood Marshall Did For Us? A Tribute, 20 Am. J. Crim. L. vii (1993).
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Supreme Court of the United States
,
Biography & Tribute
Type: Article
Carol S. Steiker & Jordan M. Steiker, Let God Sort Them Out? Refining the Individualization Requirement in Capital Sentencing, 102 Yale L.J. 835 (1992) (reviewing Beverly Lowry, Crossed over: A Murder, A Memoir (1992)).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Eighth Amendment
,
Capital Punishment
,
Sentencing & Punishment
Type: Article
Carol S. Steiker, Note: The Constitutional Status of Sexual Orientation: Homosexuality as a Suspect Classification, 98 Harv. L. Rev. 1285 (1985).
Categories:
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
First Amendment
,
LGBTQ Rights Law
Type: Article