Entries tagged with “Anna VanCleave

Facts & Research

History of the Death Penalty

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United States Supreme Court

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Oct 13, 2023

New Legal Research Declares Heightened Standards” of Due Process in Capital Cases an Illusion”

In a new law review arti­cle, Professor Anna VanCleave of the University of Connecticut School of Law argues that the height­ened stan­dards” of due process pro­tec­tion for cap­i­tal defen­dants, required under the Eighth Amendment, are in prac­tice no more than a veneer of legit­i­ma­cy and pro­ce­dur­al cau­tion” that fail to vin­di­cate defen­dants’ rights. Professor VanCleave found that in the absence of clear guid­ance from the Supreme Court as to the actu­al mean­ing of height­ened stan­dards,” low­er courts apply the same stan­dards used in non-cap­i­tal crim­i­nal cas­es or even relax rules…