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The moral and ethical dimensions of the death penalty form a central battleground in the ongoing debate. Proponents argue that capital punishment serves as a just response to heinous crimes, offering retribution and closure to victims’ families.
Given the importance of mitigation evidence and the broad range of potential mitigating evidence available, capital defense attorneys should always present some mitigation evidence. The consequence of not doing so—the death penalty—mandates some effort by defense attorneys at the mitigation stage.
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Victim Impact Evidence. Some forms of victim-impact evidence may be presented during the penalty phase of a death-penalty trial, usually limited to testimony by victim’s family members describing how the crime has affected their lives.
Sep 20, 2021 · But to justify capital punishment, the retribution must be meted out fairly, and that is clearly not the case. In only 1% of murders do prosecutors seek the death penalty. Whether you receive the death penalty depends not on what you have done, but where you committed your crime, what colour your skin is, and how much money you have.” Apr. 16 ...
We push this concern further, suggesting that both abolitionists and death penalty reformers, who seek to promote a “scientific” death penalty centered on DNA evidence, draw upon a mythologized notion of “science” as a producer of epistemic certainty.
- Jay D. Aronson, Simon A. Cole
- 2009
Jul 19, 2023 · The landmark Breyer–Ginsburg opinion embodies modern American abolitionism. Its approach reflects the now-popular notion that the death penalty system is irremediably “broken.” 4 It is fundamentally a practical argument—executing people “does not work.”.
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Oct 1, 1995 · As it stands now, representation in death penalty cases is an affront to our commitment to equal justice for all. Unless we renew our commitment to the right to counsel in a way which recognizes the gravity and complexity of death penalty cases, things will continue to get steadily worse.