Advanced Criminal Law: Capital Punishment and Federal Habeas Corpus

Credits: 3.00
Faculty: Ursula Bentele

This course focuses on the law governing imposition of the death penalty in the United States. After examining the history and development of capital punishment in this country, the course will study closely the Supreme Courts jurisprudence, most significantly under the Eighth and Fourteenth Amendments to the constitution, as it affects the substantive and procedural implementation of the capital sentencing schemes in place in the various states, including most recently New York. The course will then examine a capital case from jury selection, through the guilt and penalty phases, through direct appeals and collateral challenges, and finally to the clemency process. We will discuss the impact on capital punishment of issues such as race, the treatment of juveniles and those with mental disabilities, and political reactions to crime. The course will conclude with an international perspective on the death penalty.