Capital Litigation and the Eighth Amendment

Catalog description

While capital punishment has decreased significantly in recent years, both internationally and in the United States, it remains in high use in some regions of this country. In this course, we will (1) explore the modern death penalty over the past 50 years, diving deep into a wide survey of cases that set the doctrine around the death penalty and its limitations, (2) discuss the role that racial biases play in capital punishment and jury selection, (3) detail the capital litigation process in both state and federal courts, including the many procedural hurdles that a litigant must overcome for relief on even meritorious claims, and (4) examine in detail the types of claims that can be raised in capital litigation to obtain relief. PLEASE NOTE: The content of this course, by its nature, will be very triggering for some students -- please feel free to reach out to me in advance to discuss. Readings will include cases, statutes, and rules, as well as reports. Students can choose to write four 5-page reflection papers throughout the quarter, or, with instructor consent, students can choose to write a final R-paper (of at least 26 pages). The paper will be due at the law school's paper deadline. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R-paper requirement, with consent of the instructor. Elements used in grading: Class participation and reflection papers or R-paper.