Posts Tagged ‘death penalty’

Monday Medley

What we read while not getting on Adam Silver’s bad side…


Hindsight 2010: John Paul Stevens, Retiree of the Year

Hindsight 20/10– Over the next few days, we will be reflecting on the past year in a series of posts. Josh begins with the Retiree of the Year:

Since 2005, Supreme Court Justices Rehnquist, O’Connor, Souter, and most recently, Stevens departed from their coveted positions on the bench. As a law student, I read a lot of legal opinions by justices of the Supreme Court and federal circuit courts. The judge’s name is generally listed before the text of the opinion and naturally, some judges excite me more than others. I know I’m going to get a well-written opinion with Justice Scalia, an intellectually stimulating economic analysis of some aspect of the law under the guise of an opinion with Seventh Circuit Judge Richard Posner, and a witty, brilliant analysis with Ninth Circuit Chief Judge Alex Kozinski.* Only a handful of other justices’ names alone get me excited for an opinion: Of the Court’s four most recent retirees, Justice Stevens is the only one who fits into this class.

*He also showed his wit on The Dating Game (second contestant).

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An Unusual Defense of the Death Penalty

The death penalty has been in the news lately because of the American Law Institute’s disavowal of the very influential framework it created for applying the death penalty in 1962. Much of the concern of death penalty critics is based on the grave harm of executing the falsely convicted. I offer one possible defense of the death penalty that claims that maintaining the death penalty is actually better for those falsely convicted of first-degree murder:

Premise 1: After a criminal is convicted of first-degree murder with a punishment of the death penalty (DP), more attention and legal help* is offered to that criminal than when there is the alternative punishment of life imprisonment.
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