An Angle of Vision

2020 ◽  
pp. 43-54
Author(s):  
Edward A. Jr. Purcell
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Assisted Suicide ◽  
Personal Values ◽  
Gay Marriage ◽  
True Nature ◽  
The U.S

This chapter discusses the variety of types of cases Justice Antonin Scalia heard on the U.S. Supreme Court and notes their variety as well as the fact that in a few areas Scalia took originalist positions that brought results commonly regarded as “liberal,” such as his interpretation of the Confrontation Clause. The chapter then turns to the bulk of the cases where he supported “conservative” results. It points out that he used his originalist jurisprudence vigorously to defend certain positions that involved his own most intensely held personal values (those dealing with abortion, gay marriage, the death penalty, and assisted suicide), and it suggests that his originalism may have been designed to justify his views on those issues. The chapter then suggests that the true test of his jurisprudence and methodology lay not in his actions in those cases but rather in the more general run of cases where he applied his jurisprudential principles inconsistently, failed to apply them at all, or actually rejected them. That large and final category of cases constituted the majority of his decisions and opinions, the chapter argues, and it provides the best ground for testing his jurisprudential claims and ultimately identifying the true nature of his jurisprudence and the significance of his judicial career.

The Execution of Wallace Wilkerson

2017 ◽  
Vol 42 (4) ◽  
pp. 349-367 ◽  
Author(s):  
James R. Acker ◽  
Ryan Champagne
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Legal Documents ◽  
Judicial Decisions ◽  
Firing Squad ◽  
Lethal Injection ◽  
The U.S

Wallace Wilkerson was executed by a Utah firing squad in 1879 after the U.S. Supreme Court affirmed the constitutionality of his sentence. Shots from the marksmen’s rifles missed his heart. Not strapped into the chair where he had been seated, Wilkerson lurched onto the ground and exclaimed, “My God!…They missed it!” He groaned, continued breathing, and was pronounced dead some 27 min later. Relying on contemporaneous news accounts and legal documents, this article describes Wilkerson’s crime, the judicial decisions upholding his death sentence, and his execution. It next examines ensuing methods of capital punishment from the electric chair through lethal injection and notes persistent gaps between principle and practice in the continuing quest for increasingly humane modes of execution. The article concludes by suggesting that Wilkerson’s botched firing squad execution harbingered difficulties which continue to plague capital punishment. The implications for the future of the death penalty—a long-standing and resilient practice in American criminal justice—and the ultimate legacy of Wallace Wilkerson remain uncertain, although starkly evident is the daunting and perhaps impossible challenge of reconciling the paradox inherent in the concept of a “humane execution.”

Right to Die

2019 ◽  
pp. 71-74
Author(s):  
Elizabeth Ford
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Assisted Suicide ◽  
Right To Die ◽  
Surrogate Decision Making ◽  
Physician Assisted Suicide ◽  
Life Sustaining Treatment ◽  
Surrogate Decision ◽  
The U.S ◽  
Right To Refuse

Chapter 7 describes three cases that involve an individual’s right, in certain circumstances, to choose death. Cruzan v. Missouri is more specifically about a right to refuse life-sustaining treatment and surrogate decision-making; Washington v. Glucksberg and Vacco v. Quill are physician-assisted suicide cases, both decided on the same day by the U.S. Supreme Court and both declaring the practice unconstitutional.

scholarly journals Revisiting Death's Difference: The Philosophical Anthropology of the U.S. Death Penalty and the Impossibility of Capital Due Process

2020 ◽  
Vol 9 (1) ◽  
pp. 181-208
Author(s):  
G.P. Marcar
Keyword(s):  
United States ◽  
Supreme Court ◽  
Death Penalty ◽  
Due Process ◽  
Philosophical Anthropology ◽  
The United States ◽  
Human Beings ◽  
Eighth Amendment ◽  
Legal Challenges ◽  
The U.S

AbstractWithin the United States, legal challenges to the death penalty have held it to be a “cruel and unusual” punishment (contrary to the Eighth Amendment) or arbitrarily and unfairly enacted (contrary to the Fifth and Fourteenth Amendments). The Eighth Amendment requires that punishments not be disproportionate or purposeless. In recent rulings, the U.S. Supreme Court has adopted a piecemeal approach to this matter. In regard to particular classes of defendant, the Court has sought to rule on whether death is likely to be a proportional and purposeful punishment, as well as whether—given the condition of these defendants—such a determination can be reliably and accurately gauged. This article will suggest a different approach. Instead of asking whether, given the nature of certain categories of human defendant, the death penalty is constitutional in their case, I will begin by asking what—given the nature of the U.S. death penalty—one must believe about human beings for death to be a proportionate punishment. From this, I will argue that to believe that these penal goals are capable of fulfilment by the death penalty entails commitment to an empirically unconfirmable philosophical anthropology. On this basis, it will be further argued that the beliefs required for the U.S. death penalty's proportional and purposeful instigation (pursuant to the Eighth Amendment) are not congruent with the demands of legal due process.

Gut Reactions

2009 ◽  
Vol 20 (9) ◽  
pp. 1059-1063 ◽  
Author(s):  
Daniel C. Wisneski ◽  
Brad L. Lytle ◽  
Linda J. Skitka
Keyword(s):  
Supreme Court ◽  
Assisted Suicide ◽  
Legal Status ◽  
Controversial Issues ◽  
Physician Assisted Suicide ◽  
Moral Conviction ◽  
Nationally Representative ◽  
The Right ◽  
The U.S ◽  
Moral Convictions

Theory and research point to different ways moral conviction and religiosity connect to trust in political authorities to decide controversial issues of the day. Specifically, we predicted that stronger moral convictions would be associated with greater distrust in authorities such as the U.S. Supreme Court making the “right” decisions regarding controversial issues. Conversely, we predicted that stronger religiosity would be associated with greater trust in authorities. We tested these hypotheses using a survey of a nationally representative sample of Americans (N = 727) that assessed the degree to which people trusted the U.S. Supreme Court to rule on the legal status of physician-assisted suicide. Results indicated that greater religiosity was associated with greater trust in the U.S. Supreme Court to decide this issue, and that stronger moral convictions about physician-assisted suicide were associated with greater distrust in the U.S. Supreme Court to decide this issue. Also, the processes underlying religious trust and distrust based on moral convictions were more quick and visceral than slow and carefully considered.

Recent Legal Developments

2018 ◽  
Vol 43 (2) ◽  
pp. 202-215
Author(s):  
Craig Hemmens ◽  
Wesley McCann
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Death Penalty ◽  
Fourth Amendment ◽  
The U.S

In this article, we review and analyze the criminal justice–related decisions of the 2016 term of the U.S. Supreme Court. We also provide a summary of the Court’s voting patterns and opine authorship. Twenty-two of the Court’s 69 opinions touched on criminal justice. There were significant decisions involving the Fourth Amendment, the death penalty, and sentencing.

The Meaning of “Not Innocent”

2011 ◽  
Vol 4 (3) ◽  
pp. 291-312
Author(s):  
Jodi Kaufmann
Keyword(s):  
Supreme Court ◽  
Police Officer ◽  
Death Penalty ◽  
The Body ◽  
District Court ◽  
Anthony Davis ◽  
Supreme Court Rulings ◽  
The U.S

Mark MacPhail was murdered. The body of the white police officer was found fatally shot in Savannah, Georgia on August 19, 1989. Black and poor, Troy Anthony Davis was convicted of the murder and sentenced to death. Many people believe Davis innocent. In 2009 the U.S. Supreme Court ordered the District Court in Savannah to grant Davis an evidentiary hearing. Davis was found “not innocent.” Post-conviction, “not innocent” is a complex signifier. In this case it was constructed by the District Court through four interpretive lenses: Georgia's relation to the death penalty, the Anti-terrorism Effective Death Penalty Act (AEDPA), Supreme Court rulings, and the District Court's subjective imaginary. As each of these interpretive lenses is imbued with racism, the question of whether Georgia will execute an innocent man becomes starkly real. In this paper, I examine the post-conviction construction of “not innocent” as it relates to the Troy Davis case.

Recent Legal Developments

2016 ◽  
Vol 41 (4) ◽  
pp. 528-546
Author(s):  
Craig Hemmens ◽  
Ruibin Lu
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Death Penalty ◽  
Exclusionary Rule ◽  
The U.S

In this article, we review and analyze the criminal justice–related decisions of the 2015 term of the U.S. Supreme Court. We also provide a summary of the Court’s voting patterns and opine authorship. Twenty-two of the Court’s 76 decisions touched on criminal justice. There were significant decisions involving the exclusionary rule, search incident to arrest, the death penalty, and sentencing.

Killing and Allowing to Die: Another Look

1998 ◽  
Vol 26 (1) ◽  
pp. 55-64 ◽  
Author(s):  
Daniel P. Sulmasy
Keyword(s):  
Supreme Court ◽  
Assisted Suicide ◽  
Life Support ◽  
Physician Assisted Suicide ◽  
Important Distinction ◽  
Court Of Appeals ◽  
The U.S

One of the most important questions in the debate over the morality of euthanasia and assisted suicide is whether an important distinction between killing patients and allowing them to die exists. The U.S. Supreme Court, in rejecting challenges to the constitutionality of laws prohibiting physician-assisted suicide (PAS), explicitly invoked this distinction, but did not explicate or defend it. The Second Circuit of the U.S. Court of Appeals had previously asserted, also without argument, that no meaningful distinction exists between killing and allowing to die. That court had reasoned that if this were so, it would be discriminatory to allow persons on life support to end their lives by removing such treatment, while those who are not connected to life support would be denied similar access to death.

The U.S. Supreme Court and the Death Penalty

2017 ◽  
pp. 247-278
Author(s):  
Katherine J. Bennett ◽  
H. Chris Tecklenburg
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
The U.S
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