Capital Punishment: Hearings Before the Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, First and Second Sessions, on H.R. 2837 and H.R. 343 ... November 7, 1985, April 16, May 7, June 5, and July 24, 1986, Volume 4U.S. Government Printing Office, 1987 - 514 páginas |
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Palavras e frases frequentes
aggravating circumstances aggravating factors Amnesty International arbitrariness attorney Baldus bills black victims capital punishment capital sentencing Carolina Chairman committed committee CONGRESS LIBRARY CONGRESS THE LIBRARY constitutional convicted CONYERS crime criminal justice criminal justice system death eligible death penalty legislation death penalty statutes death row death sentences decision defendant degree murder deterrent effect Ehrlich eighth amendment evidence execution fact Federal death penalty felony Florida Furman GEKAS Georgia going homicide rates human rights Illinois imposed imposition issue jurisdiction jurors jury juveniles killed whites LAW REVIEW Vol LAYSON lethal injection LIBRARY OF CONGRESS ment mitigating factors Model Penal Code North Carolina offender PATTERNS OF DEATH person prison problem Professor proportionality review proposals prosecutors question race of victim racial discrimination rape result retribution sentenced to death society STANFORD LAW REVIEW supra note Supreme Court tencing testimony Thank tion United variables white victims
Passagens conhecidas
Página 471 - That all murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder in the second degree...
Página 473 - A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law. (2) As used in this article, the terms "mental disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
Página 471 - A person is guilty of aggravated assault if he: (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.
Página 46 - Whether or not at the time of the offense the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect, or the affects of intoxication. (i) The age of the defendant at the time of the crime.
Página 478 - While Texas has not adopted a list of statutory aggravating circumstances the existence of which can justify the imposition of the death penalty as have Georgia and Florida, its action in narrowing the categories of murders for which a death sentence may ever be imposed serves much the same purpose.
Página 484 - It states that a homicide which would otherwise be murder is manslaughter if it is "committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse...
Página 367 - The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.
Página 46 - The victim was a participant in the defendant's homicidal conduct or consented to the homicidal act.
Página 471 - ... hypothesis, the choice without more is enough to justify the inference that the intent was deliberate and premeditated. The presence of a sudden impulse is said to mark the dividing line, but how can an impulse be anything but sudden when the time for its formation is measured by the lapse of seconds * Yet the decisions are to the effect that seconds may be enough. What is meant, as I understand it, is that the impulse must be the product of an emotion or passion so swift and overmastering as...
Página 431 - Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. Because of that qualitative difference, there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case.