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236 sec. 1 - Capital Punishment and the Constitution Seminar (Spring 2013)

Instructor: Tim Foley  (view instructor's teaching evaluations | profile)
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Units: 2
Meeting Time: M 3:35-5:25
Meeting Location: 107

Course Start: January 07, 2013
Course Control Number (Non-1Ls): 49672

The course offers an overview of federal constitutional law governing the death penalty, focusing primarily on the jurisprudence of the United States Supreme Court and the interpretation of the Eighth Amendment. We will consider the following topics: early challenges to the death penalty; different statutory attempts to enact constitutional death penalty schemes; execution of those who commit non-homicide crimes, juveniles, the mentally retarded, and the insane; the effect of race on the administration of capital punishment; jury selection in capital cases; the roles of the defendant, defense counsel, the prosecutor, and the trial judge; methods of execution; and clemency proceedings.

The course will offer guest speakers and there will be an emphasis on class discussion. Students are expected to be prepared for class and participate in a critical assessment of the assigned readings and judicial opinions.

The course is designed for students, regardless of their views about the death penalty, who generally wish to learn more about the application of capital punishment in the United States, and students who are interested in a career in criminal law.

The casebook is Rivkind & Shatz, Cases and Materials on the Death Penalty, Third Edition (Thomson/Reuters 2009).

Students should have taken at least one course in criminal law and a basic constitutional law class.

Exam Notes: P
Course Category: Criminal Law

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A reader will be used in this class.

Required Books are in blue

  • Cases and Materials on the Death Penalty, 3d
    Nina Rivkind, Steven F. Shatz,
    Publisher: West
    ISBN: 9780314199560
    Copyright Date: To Be Determined
    Price: $58.67
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.

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