Capital Punishment: Law and Procedure Professor Victor Streib

SYLLABUS

Capital Punishment: Law and Procedure Professor Victor Streib Elon University School of Law Fall Semester 2008

Course Description

This course examines the specific legal issues inherent in capital punishment within the general area of criminal law and procedure. Included will be detailed coverage of both substantive and procedural law of capital punishment, as well as the roles of lawyers, judges, and juries within this legal system. Law and legal analysis in death penalty statutes and cases are the major focuses of this course, with some attention also given to empirical analyses of the practice and philosophical examinations as to its wisdom.

Course Texts

Required Reading:

NINA RIVKIND & STEVEN F. SHATZ, CASES AND MATERIALS ON THE DEATH PENALTY (Thomson West, 2d ed., 2005).

NINA RIVKIND & STEVEN F. SHATZ, 2008 SUPPLEMENT TO CASES AND MATERIALS ON THE DEATH PENALTY (Thomson West, 2008).

Optional Additional Reading:

VICTOR STREIB, DEATH PENALTY IN A NUTSHELL (Thomson-West) (2nd ed. 2005).

Course Instructor

The instructor for this course is Professor Victor Streib, who has been teaching this course in various formats since 1987 and teaching criminal justice courses in general since 1971. Professor Streib has served as a prosecuting attorney and as a criminal defense attorney, and he most recently has been involved in appellate work for death row inmates. He has represented clients on death row before the United States Supreme Court and several state supreme courts. His books and articles on the death penalty can be found in the library an/or on line. Please feel free to stop by Professor Streib's office (A208), to call him either at his office (279-9353) or at his home (617-5946), or to reach him by email ([email protected]). Professor Streib’s office hours for this semester are 2:00 p.m. to 4:00 p.m. on Tuesdays, Wednesdays and Thursdays, or other times by chance or appointment.

Course Grade

The final grade for this three credit course will be derived by combining the final examination grade and the class participation grade. Ninety percent (90%) of the final course grade will be

1 based upon the final examination score, and ten percent (10%) of the final course grade will be based upon class attendance and participation. Extra term papers, additional reading and similar efforts, while encouraged, will not be considered in computing the final course grade. The final examination is scheduled for Tuesday, December 16, 2008, and will be a closed book examination, including in part short essay questions and in part multiple choice questions. Professor Streib will discuss the final examination for this course and his expectations concerning it during several class sessions.

Course Schedule

This class normally meets on Monday and Wednesday mornings, 8:30 – 10:00 a.m.. Students are expected to have studied the reading assignment thoroughly prior to each class meeting and to attend class prepared to discuss the reading and concepts therein. All students are expected to attend all class meetings in accordance with law school regulations and ABA Standards for Accreditation. Any and all absences from class will have a negative effect on your grade. Absence from more than six class meetings will result in the student being administratively withdrawn from the course unless the law college's withdrawal deadline has passed, in which case the instructor reserves the right to enter a failing grade for the course. No excused (uncounted) absences are permitted, and no "unprepared" claims will be honored. Class topics and readings assignments are as listed below:

CLASS DAY & READING ASSIGNMENT NMBR DATE CLASS TOPIC CASEBOOK SUPPLEMENT NUTSHELL (required) (required) (optional)

1 Wed, 8/20 Justifications pp. 1-19 p. 1 pp. 9-17

2 Mon, 8/25 History pp. 19-45 p. 2 pp. 1-8

3 Wed, 8/27 Constitutional pp. 46-76 ----- pp. 27-50 Challenges

4 Mon, 9/1 Declaring pp. 76-102 ----- pp. 51-54 Constitutionality

5 Wed, 9/3 Arbitrariness pp. 121-146 pp. 4-5 pp. 17-26

6 Mon, 9/8 Arbitrariness pp. 147-168 ----- pp. 69-77

7 Wed, 9/10 Individualized pp. 169-183 pp. 6-15 pp. 77-92 Consideration

8 Mon, 9/15 Proportional to pp. 201-211 pp. 16-37 pp. 55-68 Offense

2 CLASS DAY & READING ASSIGNMENT NMBR DATE CLASS TOPIC CASEBOOK SUPPLEMENT NUTSHELL (required) (required) (optional)

9 Wed, 9/17 Proportional to pp. 211-240 ----- pp. 93-105 Offender

10 Mon, 9/22 Juveniles; Race pp. 240-262 ------

11 Wed, 9/24 Race Issues pp. 262-289 ----- pp. 240-245

12 Mon, 9/29 Race & Gender pp. 289-306 ------pp. 245-251 (plus handouts)

13 Wed, 10/1 Death Penalty pp. 339-348 pp. 40-54 pp. 125-138 Juries

14 Mon, 10/6 Defendant and pp. 349-358; p. 55 pp. 112-117 Defense Counsel 368-380

15 Wed, 10/8 Defense Counsel pp. 380-397 pp. 55-69 pp. 150-156 Role

16 Mon, 10/13 Prosecutors pp. 420-448 ----- pp. 108-112; & 139-150

17 Wed, 10/15 Penalty Hearings pp. 463-488 ----- pp. 157-163

Mon, 10/20/08 NO CLASS MEETING; FALL RECESS

18 Wed, 10/22 Penalty Hearings pp. 498-511; ----- pp. 163-169 536-549

19 Mon, 10/27 Imposing Sentences pp. 549-578 ----- pp. 169-175

20 Wed, 10/29 Imposing Sentences pp. 578-605 p. 70 -----

21 Mon, 11/3 State Court Review pp. 606-623; p. 72 pp. 117-121 630-638 177-193

22 Wed, 11/5 Federal Habeas pp. 642-653; p. 73 pp. 194-203 Corpus 662-677

23 Mon, 11/10 Federal Habeas pp. 677-685 pp. 73-91 pp. 204-220 Corpus 3 CLASS DAY & READING ASSIGNMENT NMBR DATE CLASS TOPIC CASEBOOK SUPPLEMENT NUTSHELL (required) (required) (optional)

24 Wed, 11/12 Executions pp. 765-779 pp. 98-109 pp. 121-124

25 Mon, 11/17 Executions pp. 780-788 pp. 109-131 -----

26 Wed, 11/19 International and pp. 793-817 p. 132 pp. 268-286 Comparative Death Penalty

27 Mon, 11/24 Future of the pp. 818-844 pp. 287-291 Death Penalty (plus new SCOTUS cases)

TUESDAY; 12/16/08; 2:00 p.m.; FINAL EXAMINATION