Entries tagged with “Articles of Interest”

Apr 24, 2025

Two New Law Review Articles Highlight Cause and Effect of Brady Violations

One fun­da­men­tal prin­ci­ple of fair­ness upon which our crim­i­nal jus­tice sys­tem relies is the notion that pros­e­cu­tors must dis­close excul­pa­to­ry, mate­r­i­al evi­dence favor­able to defen­dants. This Constitutional oblig­a­tion, estab­lished in *Brady* *v. Maryland* (1963), rep­re­sents a crit­i­cal safe­guard against wrong­ful con­vic­tions. Nevertheless, *Brady* vio­la­tions remain dis­turbing­ly com­mon, with dev­as­tat­ing con­se­quences for defen­dants who may spend years or…

Mar 31, 2025

Articles of Interest: Adverse Childhood Experiences, Their Effects on Mental Health, and the Connection to Legal System Involvement

This month marks the 20th anniver­sary of the land­mark U.S. Supreme Court deci­sion in *Roper v. Simmons*. In a series of posts antic­i­pat­ing the April 2025 release of DPI’s report com­mem­o­rat­ing the 20th Anniversary of the *Roper* deci­sion and its impli­ca­tions for emerg­ing adults , we are explor­ing sci­en­tif­ic and legal devel­op­ments relat­ed to juve­niles and emerg­ing adults in the death penal­ty sys­tem. Adverse child­hood expe­ri­ences (ACEs) refer to potentially…

Mar 13, 2025

Articles of Interest: What Experts are Saying About Emerging Adult Behavioral Development Since Roper v. Simmons

Twenty years ago this month, the Supreme Court in its land­mark deci­sion *Roper v. Simmons* found cap­i­tal pun­ish­ment for indi­vid­u­als under 18 years of age uncon­sti­tu­tion­al under the Eighth and Fourteenth Amendments. In explain­ing their deci­sion, the Court drew in part on​“sci­en­tif­ic and soci­o­log­i­cal” stud­ies show­ing that a lack of matu­ri­ty in youth can lead to​“impetu­ous and ill-con­sid­ered actions and deci­sions,” which sup­port­ed the idea that this cohort were…

New Voices

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Feb 24, 2025

Article of Interest: Cato Institute Fellow Critiques Medical Ethics Double Standard Around Executions

In a February blog post, Cato Institute Senior Fellow Jeffrey A. Singer crit­i­cizes the use of med­ical­ized lethal injec­tion, high­light­ing the dou­ble stan­dard under which pro­ce­dures that med­ical pro­fes­sion­als are eth­i­cal­ly barred from car­ry­ing out are not only allowed, but required, of law enforce­ment per­son­nel.​“A doc­tor who inten­tion­al­ly per­forms cru­el and med­ical­ly unjus­ti­fi­able pro­ce­dures that cause pain and suf­fer­ing could face crim­i­nal charges. If…

Feb 20, 2025

Article of Interest: New Equal Justice Initiative Report Shines a Spotlight on Historic Patterns of Jury Discrimination and the Role of Non-Diverse Juries in Wrongful Convictions

A new report from the Equal Justice Initiative (EJI), Unreliable Verdicts: Racial Bias and Wrongful Convictions, explores the his­to­ry of racial bias in jury selec­tion in the United States, includ­ing the last 40 years of racial­­ly-dis­­crim­i­­na­­to­ry pre­emp­to­ry jury strikes, and high­lights the grow­ing body of research show­ing that jury bias is reduced and the delib­er­a­tive process enhanced when juries are more diverse. Looking at the pool of doc­u­ment­ed death penalty…

Research

Sep 05, 2024

Research Roundup: Revisiting David Baldus’s Study to Examine Modern Day Use of the Death Penalty

DPI’s new series focus­es on aca­d­e­m­ic research and arti­cles in the field of cap­i­tal pun­ish­ment. This month’s arti­cle is​“Sacred Victims: Fifty Years of Data on Victim Race and Sex as Predictors of Execution,” in The Journal of Criminal Law and Criminology, co-authored by Professors Scott Phillips (Department of Sociology & Criminology), Justin Marceau, Sam Kamin, and a J.D. pro­gram alum­na, Nicole King, from the Sturm College of Law at the…

Research

Jul 12, 2024

Articles of Interest: Op-ed says new Tennessee law that expands the death penal­ty to child rape ​“cre­ates more prob­lems than it solves.”

A July 7, 2024 op-ed in the Tennessean argues that the recent enac­tion of SB 1834, which makes the rape of a child pun­ish­able by death,​“does more harm than good.” Sarah McGee (pic­tured), coor­di­na­tor for Tennesseans for Alternatives to the Death Penalty, explains that dur­ing her work as a vic­­tim-wit­­ness coor­di­na­tor for Davidson County District Attorney’s Office, pro­ba­tion offi­cer, and assis­tant pub­lic defend­er, she ​“learned that when child ser­vice providers and…

Executions

Apr 23, 2024

Articles of Interest: Reprieve Issues New Report on Botched Executions and Racial Disparities

A new report issued April 17, 2024 by the UK-based inter­na­tion­al human rights orga­ni­za­tion Reprieve found racial dis­par­i­ties in the occur­rence of botched exe­cu­tions in the United States. As report­ed in The Guardian, Reprieve ana­lyzed all lethal injec­tion exe­cu­tions between 1976 and 2023. It chron­i­cled 73 con­firmed botched pro­ce­dures and found that 8% of exe­cu­tions of Black peo­ple were botched (37 times out of 465 exe­cu­tions), com­pared with 4% for white peo­ple (28…