520E
LAW
Death Penalty

Law School Description

Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.

UH Mānoa Catalog Description

Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise. (B) topic 1; (C) topic 2; (D) topic 3; (E) topic 4; (F) topic 5; (G) topic 6; (H) topic 7; (I) topic 8; (J) topic 9; (K) topic 10; (M) topic 11; (N) topic 12; (O) topic 13; (P) topic 14; (Q) topic 15.

Notes

This course will survey the Supreme Court’s Eighth Amendment jurisprudence as it relates to the administration of capital punishment in America. We will examine the foundational cases that first “constitutionalized” the death penalty in the 1970’s (Furman v. Georgia (1972), as well as Gregg v. Georgia (1976) and its quartet of accompanying cases). We will follow the complex evolution of these cases to the Court’s recent decisions abolishing capital punishment for juvenile offenders and offenders with mental retardation (Roper v. Simmons (2005) and Atkins v. Virgina (2002)). We will try to assess what theories of appropriate state punishment should or do underlie these constitutional doctrines. Finally, we will try to assess what the death penalty’s future will be, both in terms of current challenges (such as whether the planned execution of a man convicted of the rape of child in Louisiana will be permitted as the first execution for a crime other than murder in more than 40 years) and in terms of the possibilities for constitutional abolition.

Credit(s) for this CRN

1

Instructor Approval

No

Competition

No

Bar Course

No

Clinical Requirement

No

Instructor(s)