Doug Berman's Sentencing Law Resources: Capital Punishment

See Sentencing Law and Policy for more posts by Professor Berman on Capital Punishment

Abolition

• (Copious) capital commentary - January 4, 2005
• Death is definitely different this month - December 11, 2004
• Some capital case buzz - December 9, 2004

Academic Articles and Lectures

• Capital punishment in theory and practice - May 4, 2005
• Computer program suggests arbitrariness of death penalty - April 27, 2005
• Still more bedtime sentencing reading - April 20, 2005
• Big sentencing week at OSU and elsewhere - April 18, 2005
• Contrasting sentencing politics - April 12, 2005
• Death penalty items around the blogsphere - April 9, 2005
• Concerns about (and blogsphere buzz on) DP paper - March 24, 2005
• (Copious) capital commentary - January 4, 2005
• The capital story of clemency - December 29, 2004
• The Peterson case and media coverage of the death penalty - December 15, 2004
• Pondering the link between sentencing policy and crime rates - December 14, 2004
• Rethinking the way jurors think(?) about death - December 2, 2004
• Latest Ohio State Journal of Criminal Law issue heading to press - November 29, 2004
• The (incomplete) innocence revolution - October 30, 2004
• Roper and categorical capital bars - October 15, 2004

Alabama

• Indiana capital commutation and other capital news - January 8, 2005

Apprendi/Blakely

• Judge Gertner on Apprendi, Ring, and Blakely in capital setting - June 3, 2005

Ashcroft, Attorney General

• Ashcroft's death penalty "legacy" - December 4, 2004

Atkins

• Atkins does not get the benefit of Atkins - August 6, 2005
• Will Atkins get the benefit of Atkins? - July 25, 2005
• Administering Roper - March 2, 2005
• Post-Atkins capital sentencing procedure - February 10, 2005
• Continuing capital commotion - February 8, 2005
• Indiana capital commutation and other capital news - January 8, 2005
• Compelling capital cases nationwide - December 7, 2004

Biblical Perspective

• Some capital case buzz - December 9, 2004

Blakely - see Apprendi/Blakely

Burdens of Proof

• Deeper thoughts on Marsh and sentencing burdens of proof - May 31, 2005
• Sentencing around the blogsphere - February 27, 2005

California

• The costs of capital (punishment) - March 5, 2005
• Death to take a holiday in NY? - February 11, 2005
• Post-Atkins capital sentencing procedure - February 10, 2005
• Clemency denied for Beardslee - January 18, 2005
• Another big week for sentencing drama? [item 5] - January 18, 2005
• A capital-driven Booker break - January 15, 2005
• Noteworthy pleas to stop executions - January 12, 2005
• In other sentencing news - January 11, 2005
• Death penalty litigation updates - January 7, 2005
• Reviewing the death penalty nationwide and in one California case - December 31, 2004
• A January comeback for the death penalty? - December 30, 2004
• Compelling capital cases nationwide - December 7, 2004
• Death is not so different - November 9, 2004
• The (incomplete) innocence revolution - October 30, 2004

Colorado

• Colorado Supreme Court troubled by mixing sentencing and the Bible - March 29, 2005

Connecticut

• The sagas of death penalty volunteers - May 15, 2005
• Ross execution hours away... (and now completed) - May 12, 2005
• More on court reviews before death - May 11, 2005
• Ross and Schiavo ironic parallels - May 10, 2005
• Fantastic reading around the blogsphere - May 5, 2005
• Dynamic death penalty debates - April 29, 2005
• Capital case chronicles - April 23, 2005
• Death penalty items around the blogsphere - April 9, 2005
• Lots of sentencing news from Connecticut - March 31, 2005
• Continued Connecticut capital commotion - January 31, 2005
• You never under-litigate your first - January 29, 2005
• Browsing the blogsphere, Blakely-free - January 27, 2005
• Compelling capital contrasts - January 26, 2005
• Death penalty news of note - January 24, 2005
• Sentencing stories around the blogsphere - January 23, 2005
• A capital-driven Booker break - January 15, 2005
• Noteworthy pleas to stop executions - January 12, 2005
• In other sentencing news - January 11, 2005
• Indiana capital commutation and other capital news - January 8, 2005
• Death penalty litigation updates - January 7, 2005
• A January comeback for the death penalty? - December 30, 2004
• The morning's sentencing news - December 22, 2004
• Reconsidering the death penalty - December 19, 2004
• Death penalty drama in Connecticut - December 17, 2004
• Compelling capital cases nationwide - December 7, 2004
• In the morning papers - November 21, 2004

Cost

• The economic costs of capital punishment - January 4, 2005
• The Peterson case and media coverage of the death penalty - December 15, 2004
• Debating death in New York - November 29, 2004

Crime Rates

• Pondering the link between sentencing policy and crime rates - December 14, 2004

DC Snipers

• Capital case chronicles - April 23, 2005
• The morning's sentencing news - December 22, 2004

Deck

• Background and blog commentary on Deck and Medellin - May 23, 2005
• Shackled to a jurisprudence - October 19, 2004

Decline of Executions

• Updating the (declining) state of the death penalty - August 12, 2005
• The impact of SCOTUS's heightened scrutiny in capital cases - June 30, 2005
• More evidence of the decline of death - April 26, 2005
• More evidence of the death of death? - March 1, 2005
• Reviewing the death penalty nationwide and in one California case - December 31, 2004
• Sentencing year in review [see point 2] - December 26, 2004
• A sign of the capital times - December 18, 2004
• More on the decline of death - December 16, 2004
• The death penalty making more headlines - December 14, 2004
• Pondering the link between sentencing policy and crime rates - December 14, 2004
• Death is definitely different this month - December 11, 2004
• The slowing pace of executions - December 3, 2004
• The decline of death? - November 14, 2004
• Death is different - September 15, 2004
• Thoughtful coverage of major sentencing issues - December 12, 2004

DNA

• SCOTUS delays Virginia execution - July 11, 2005

Federal District Judges

• Judge Gertner on Apprendi, Ring, and Blakely in capital setting - June 3, 2005
• Compelling capital work by federal district judges - January 2, 2005

Fifth Circuit

• Fifth Circuit vacates death sentence - July 20, 2005
• Continuing coverage of capital (in)justice, Texas-style - December 5, 2004
• SCOTUS concerns about capital justice in Texas - December 4, 2004

First Circuit

• Judge Gertner on Apprendi, Ring, and Blakely in capital setting - June 3, 2005
• Notable developments concerning capital processes - May 13, 2005

Florida

• Florida Supreme Court allows capital jury override despite Ring - June 2, 2005
• Back to the capital news desk - December 13, 2004
• SCOTUS examining broad questions through a sentencing lens - November 2, 2004

Foreign Nationals - see Medellin

Fourth Circuit

• Two interesting non-Booker items from the circuits - June 10, 2005

Georgia

• Compelling capital contrasts - January 26, 2005

Gonzales, Attorney General

• Stevens, Roberts, Gonzales and the death penalty - August 9, 2005
• Capital case chronicles - April 23, 2005
• Gearing up for the Gonzales hearing - January 4, 2005
• Continuing coverage of capital (in)justice, Texas-style - December 5, 2004
• A morning of capital consideration - November 22, 2004

Habeas

• An engaging (but incomplete) habeas debate - August 6, 2005
• Senate hearings on new habeas restrictions - July 13, 2005
• House hearing on death penalty and habeas bills - July 1, 2005
• More death and habeas from SCOTUS - June 28, 2005
• AEDPA death penalty ruling from SCOTUS today - March 22, 2005

House Hearings

• House hearing on death penalty and habeas bills - July 1, 2005

Illinois

• Sentencing around the blogsphere - February 27, 2005
• Capital notes around the blogsphere - February 18, 2005
• A Capital idea: Some non-Blakely news - August 21, 2004

Indiana

• Notable death row reprieve request - May 18, 2005
• Indiana capital commutation and other capital news - January 8, 2005

Ineffective Assistance of Counsel

• Important capital IAC and AEDPA rulings from SCOTUS - June 20, 2005
• Two interesting non-Booker items from the circuits - June 10, 2005
• The importance of counsel, and the challenges of judging it - January 19, 2005
• Interesting murder sentencing case law - December 28, 2004
• Back to the capital news desk - December 13, 2004

Innocence

• Sister Prejean powerful perspective - December 23, 2004
• The (incomplete) innocence revolution - October 30, 2004

Iowa

• Dynamic death penalty debates - April 29, 2005

Juvenile Offenders - see Roper

Kansas

• Deeper thoughts on Marsh and sentencing burdens of proof - May 31, 2005
• A capital waste of time? - May 31, 2005
• Notable developments in Supreme Courts - May 13, 2005
• Continuing capital commotion - February 8, 2005
• Death penalty news of note - January 24, 2005
• A January comeback for the death penalty? - December 30, 2004
• A range of sentencing stories - December 25, 2004
• Contrasting capital reconsiderations - December 23, 2004
• Predicting the Supreme Court's coming sentencing docket - December 20, 2004
• Reconsidering the death penalty - December 19, 2004
• A sign of the capital times - December 18, 2004
• The death penalty is not in Kansas anymore - December 17, 2004

Kentucky

• Notable ruling on constitutionality of lethal injection - July 9, 2005

Lethal Injection

• Notable ruling on constitutionality of lethal injection - July 9, 2005
• Notable news from Tennessee - June 8, 2005
• More on constitutional challenges to lethal injection - May 19, 2005
• The legal attack on lethal injection - April 18, 2005
• Sentencing news of note - September 16, 2004

Massachusetts

• Romney's "foolproof" death penalty looking foolish in Massachusetts - July 22, 2005
• State capital punishment developments and debates - July 14, 2005
• Fantastic reading around the blogsphere - May 5, 2005
• More perspectives on Massachusetts death penalty bill - May 3, 2005
• A more perfect death penalty in Massachusetts? - April 30, 2005
• Dynamic death penalty debates - April 29, 2005
• A January comeback for the death penalty? - December 30, 2004
• The death penalty coming and going - December 29, 2004
• A Capital idea: Some non-Blakely news - August 21, 2004
• Massachusetts DP Commission Report - May 14, 2004

Medellin

• More Medellin coverage - May 24, 2005
• Background and blog commentary on Deck and Medellin - May 23, 2005
• Reports on the Medellin argument - March 28, 2005
• More on Medellin issues - March 10, 2005
• The meddling resulting from Medellin - March 10, 2005
• Lots of Friday afternoon news - December 10, 2004

Mental Retardation - see Atkins

Missouri

• More on constitutional challenges to lethal injection - May 19, 2005
• Interesting murder sentencing case law - December 28, 2004

Nevada

• Dynamic death penalty debates - April 29, 2005
• Sentencing around the blogsphere - February 27, 2005

New Jersey

• Some capital case buzz - December 9, 2004

New York

• Lots of interesting sentencing items in the papers - April 13, 2005
• Contrasting sentencing politics - April 12, 2005
• Notable death penalty stories - April 12, 2005
• An array of fascinating death penalty materials - April 5, 2005
• East coast sentencing updates - February 28, 2005
• Death to take a holiday in NY? - February 11, 2005
• Compelling capital contrasts - January 26, 2005
• Death penalty news of note - January 24, 2005
• Contrasting capital reconsiderations - December 23, 2004
• A morning full of sentencing stories - December 20, 2004
• A sign of the capital times - December 18, 2004
• More on the decline of death - December 16, 2004
• Debating death in New York - November 29, 2004
• Lots of sentencing in the papers - November 18, 2004
• A Capital idea: Some non-Blakely news - August 21, 2004
• New York's death penalty ruled unconstitutional - June 26, 2004

Ninth Circuit

• Notable death penalty stories - April 12, 2005
• Browsing the blogsphere, Blakely-free - January 27, 2005
• Today's SCOTUS death penalty case - November 10, 2004

North Carolina

• State capital punishment developments and debates - July 14, 2005

O'Connor, Justice

• Will O'Connor's replacement shift capital jurisprudence? - July 11, 2005
• Considering O'Connor's capital sentencing legacy - July 6, 2005

Ohio

• Interesting death penalty data from Ohio - May 8, 2005
• Compelling capital contrasts - January 26, 2005
• Another Yarbrough update - December 29, 2004
• An update on a remarkable capital case - December 14, 2004
• A remarkable (capital) lesson for lawyers and law students - December 1, 2004
• Continued death penalty news on many fronts - December 1, 2004
• Killing study of the death penalty in Ohio - November 19, 2004
• Examining the examining of Ohio's death penalty - November 15, 2004
• Fascinating death penalty development in Ohio - November 11, 2004

Oklahoma

• The sagas of death penalty volunteers - May 15, 2005

Oregon

• Thoughtful coverage of major sentencing issues - December 12, 2004

Override of Capital Jury

• Florida Supreme Court allows capital jury override despite Ring - June 2, 2005

Peterson, Scott

• More capital headlines - December 18, 2004
• The Peterson case and media coverage of the death penalty - December 15, 2004
• The death penalty making more headlines - December 14, 2004
• Back to the capital news desk - December 13, 2004
• Rethinking the way jurors think(?) about death - December 2, 2004
• Continued death penalty news on many fronts - December 1, 2004
• Noteworthy recent capital developments - November 30, 2004
• Sentencing tease - November 22, 2004
• A morning of capital consideration - November 22, 2004
• Seeking death for Scott Peterson - November 19, 2004

Plea Bargaining

• Another morning of interesting sentencing news - April 14, 2005
• Interesting murder sentencing case law - December 28, 2004

President Bush

• Capitalizing on capital funding? - March 23, 2005
• A capital sentencing moment in the State of the Union - February 2, 2005
• Sister Prejean's powerful perspective - December 23, 2004
• A morning of capital consideration - November 22, 2004

Puerto Rico

• Capital punishment in theory and practice - May 4, 2005

Racial Issues

• Interesting death penalty data from Ohio - May 8, 2005
• Compelling capital work by federal district judges - January 2, 2005
• More capital headlines - December 18, 2004
• Compelling capital cases nationwide - December 7, 2004
• For the death penalty historian - December 5, 2004

Rehnquist, Chief Justice

• Rehnquist's capital legacy - June 6, 2005

Reports and Studies

• An array of fascinating death penalty materials - April 5, 2005
• More on the decline of death - December 16, 2004
• The death penalty making more headlines - December 14, 2004
• For the death penalty historian - December 5, 2004
• The (incomplete) innocence revolution - October 30, 2004
• Powerful report with lots of data and insights - September 20, 2004
• A Capital idea: Some non-Blakely news - August 21, 2004
• Massachusetts DP Commission Report - May 14, 2004

Reprieve

• Notable death row reprieve request - May 18, 2005
• Continued death penalty news on many fronts - December 1, 2004

Ring

• Judge Gertner on Apprendi, Ring, and Blakely in capital setting - June 3, 2005
• Florida Supreme Court allows capital jury override despite Ring - June 2, 2005
• Schriro back to reality - June 24, 2004

Roberts, Judge

• Roberts, the cert pool, and sentencing jurisprudence - August 11, 2005
• Judge Roberts on capital punishment - August 4, 2005
• Is Judge Roberts personally against capital punishment? - July 19, 2005

Roper

• Dynamic death penalty debates [see last paragraph] - April 29, 2005
• Scalia speaks out on Roper - March 14, 2005
• Intrigued by the Roper bashing - March 14, 2005
• Still more SCOTUS GVRs - March 7, 2005
• Administering Roper - March 2, 2005
• More Roper thoughts and the development of state constitutional law - March 2, 2005
• Roper around the blogsphere - March 2, 2005
• More evidence of the death of death? - March 1, 2005
• Using Roper's focus on age in post-Booker sentencings - March 1, 2005
• SCOTUS declares unconstitutional juvenile death penalty in Roper - March 1, 2005
• A brief Booker break (sort of) - January 12, 2005
• The machinery of death being turned back on - January 4, 2005
• Roper and categorical capital bars - October 15, 2004
• Highlights of Roper highlights - October 14, 2004
• Roper reading redux - October 13, 2004
• More insights on the death penalty for juvenile offenders - October 12, 2004
• Stories on the death penalty for juvenile offenders - October 10, 2004
• In other SCOTUS news... - July 25, 2004

Romney, Governor - see Massachusetts

Rudolph, Eric

• Another morning of interesting sentencing news - April 14, 2005

Scalia, Justice

• Scalia speaks out on Roper - March 14, 2005

Second Circuit

• Compelling capital contrasts - January 26, 2005

Senate Hearings

• Senate hearings on new habeas restrictions - July 13, 2005

Sex Offenders

• Dynamic death penalty debates - April 29, 2005
• Browsing the blogsphere, Blakely-free - January 27, 2005

Sixth Circuit

• Compelling capital contrasts - January 26, 2005
• Still more death penalty SCOTUS litigation - January 8, 2005

Statutes of Limitation

• Important capital IAC and AEDPA rulings from SCOTUS - June 20, 2005

Stevens, Justice

• Stevens, Roberts, Gonzales and the death penalty - August 9, 2005
• Justice Stevens speaks out against death penalty - August 7, 2005

Supreme Court (see also individual justices and case names)

• Roberts, the cert pool, and sentencing jurisprudence - August 11, 2005
• SCOTUS delays Virginia execution - July 11, 2005
• Will O'Connor's replacement shift capital jurisprudence? - July 11, 2005
• The impact of SCOTUS's heightened scrutiny in capital cases - June 30, 2005
• More death and habeas from SCOTUS - June 28, 2005
• Initial end-of-Term reflections on criminal justice and sentencing - June 28, 2005
• Capital ruling and Booker GVRs from SCOTUS - June 27, 2005
• A quick set of SCOTUS highlights - June 13, 2005
• Deeper thoughts on Marsh and sentencing burdens of proof - May 31, 2005
• A capital waste of time? - May 31, 2005
• The same ole story from SCOTUS - April 25, 2005
• A capital term for SCOTUS - April 19, 2005
• SCOTUS grants cert. in a capital case and has still more GVRs - March 28, 2005
• AEDPA death penalty ruling from SCOTUS today - March 22, 2005
• Today's SCOTUS action - January 24, 2005
• Still more death penalty SCOTUS litigation - January 8, 2005
• Predicting the Supreme Court's coming sentencing docket - December 20, 2004
• Back to the capital news desk - December 13, 2004
• Compelling capital cases nationwide - December 7, 2004
• SCOTUS concerns about capital justice in Texas - December 4, 2004
• SCOTUS reversal of death sentence - November 15, 2004
• Today's SCOTUS death penalty case - November 10, 2004
• SCOTUS examining broad questions through a sentencing lens - November 2, 2004
• Shackled to a jurisprudence - October 19, 2004

Tennessee

• Notable ruling on constitutionality of lethal injection - July 9, 2005
• Notable news from Tennessee - June 8, 2005
• More on death penalty volunteers from the Volunteer State - May 15, 2005

Terrorism

• Capital case chronicles - April 23, 2005

Texas

• Notable developments concerning capital processes - May 13, 2005
• Capital punishment in theory and practice - May 4, 2005
• Capital notes around the blogsphere - February 18, 2005
• Continuing capital commotion - February 8, 2005
• Compelling capital contrasts - January 26, 2005
• Sentencing stories around the blogsphere - January 23, 2005
• The machinery of death being turned back on - January 4, 2005
• A January comeback for the death penalty? - December 30, 2004
• Sister Prejean powerful perspective - December 23, 2004
• Some capital case buzz - December 9, 2004
• Compelling capital cases nationwide - December 7, 2004
• Continuing coverage of capital (in)justice, Texas-style - December 5, 2004
• SCOTUS concerns about capital justice in Texas - December 4, 2004
• Continued death penalty news on many fronts - December 1, 2004
• A morning of capital consideration - November 22, 2004
• In the morning papers - November 21, 2004
• SCOTUS reversal of death sentence - November 15, 2004

Trifurcation

• A federal capital trifecta! - February 19, 2005

Virginia

• SCOTUS delays Virginia execution - July 11, 2005
• Continuing capital commotion - February 8, 2005
• The death penalty coming and going - December 29, 2004
• The morning's sentencing news - December 22, 2004
• For the death penalty historian - December 5, 2004

Volunteers

• More on death penalty volunteers from the Volunteer State - May 15, 2005
• The sagas of death penalty volunteers - May 15, 2005
• Compelling capital cases nationwide - December 7, 2004

Washington

• Another morning of interesting sentencing news - April 14, 2005

Women

• Continued death penalty news on many fronts - December 1, 2004
• Noteworthy recent capital developments - November 30, 2004