Fall 2015
    Law No.: LAW9241
    Sched. No.: 115821262

Death Penalty*
Section 1
Garrett, Brandon L.

Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):M, 1300-1500 (WB121)
Capacity:20 **This information is current as of 06/13/2016 06:14:01 AM**
Current Enrollment:17 **This information is current as of 06/13/2016 06:14:01 AM**

Course Description:


COURSE DESCRIPTION: Death is different: why is that so, and how is it so? This seminar will examine the law and policy of capital punishment. We will begin with an introduction to the origins of the death penalty in the United States and its role before and after the Civil War. We will then study the Supreme Court’s ruling in Furman v. Georgia striking down the death penalty as unconstitutional. We will then examine how, after reversing course, the states responded, as the Court embarked on a 40 year effort to define who is eligible for the death penalty and the procedures under which it must be imposed. We will study, among the key topics, the Court’s Eighth Amendment jurisprudence, the special rules for qualifying jurors in capital cases, the bifurcation of capital trials into guilt and sentencing phases, the role of expert evidence and mitigation evidence at sentencing, the statutory changes under the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA), innocence claims, “crisis” litigation challenging competency to be executed and methods of lethal injection, and the role of clemency. We will study moral and policy arguments for and against the death penalty, focusing on research concerning race discrimination and deterrence. We will conclude by examining the status of the death penalty across the United States and globally and will consider the future of its use. Throughout, we will read leading cases, briefs, trial excerpts, portions of several prominent books, as well as social science studies.

NOTE: Laptops are not permitted to be used during class sessions.

Course Requirement:Each student will write a substantial research paper due to be submitted by the last day of the semester by 4:30 pm (EST) via LawWeb. Each student will present their topic and research to the class during the semester,and of the paper may be revised (consistent with Acadcemic Policy) based on commentary, critique, and discussion in class.
This course is on the approved upper-level writing requirement course list.