Law 795: Death Penalty

Content: The seminar presents an overview of the death penalty as presently applied in the United States. The course begins by considering the moral issues raised by the institution. It then considers the long term trends limiting the use of the death penalty here and abroad. The focus next shifts to legal issues and the Eighth Amendment jurisprudence that has developed since the 1960s. Topics discussed will include limits on the exercise of juror discretion, jury selection, proportionality reviews, racial discrimination, and mens rea requirements (including discussion of the execution of minors and the mentally retarded). The final segment of the course will focus on the use of habeas corpus to death penalty cases. Throughout the semester the course will consider death penalty lawyering at trial and post-conviction from the perspective of the state and defense counsel. The format of class will include lecture and discussion on the above topics.

Sequence and Prerequisites: None.