8 Crucifixion
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Individual Liberty and the Common Good - the Balance: Prayer, Capital Punishment, Abortion
The Catholic Lawyer Volume 20 Number 3 Volume 20, Summer 1974, Number 3 Article 5 Individual Liberty and the Common Good - The Balance: Prayer, Capital Punishment, Abortion Brendan F. Brown Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Constitutional Law Commons This Pax Romana Congress Papers is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. INDIVIDUAL LIBERTY AND THE COMMON GOOD-THE BALANCE: PRAYER, CAPITAL PUNISHMENT, ABORTION BRENDAN F. BROWN* In striking the balance between individual freedom and the common good of society, judges are relying "on ideology or policy preference more than on legislative intent."' Professor Jude P. Dougherty, President-elect of the American Catholic Philosophical Association, has declared that "this is particulary apparent in actions of the United States Supreme Court where the envisaged effects of a decision are often given more weight than the intentions of the framers of the Constitution or of the legislators who passed the law under consideration."' The dominant trend of the United States judiciary is to begin its reasoning with "liberty" or "free- dom" as the ultimate moral value in the Franco-American sense of maxi- mum individual self-assertion, and then to maximize it. It will be the purpose of this paper to show that "liberty" or "freedom" is only an instrumental moral value, and that by treating it otherwise, the courts are damaging the common good of society. -
Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment Matthew E
University of Baltimore Law Review Volume 37 Article 6 Issue 1 Fall 2007 2007 Comments: The rC ime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment Matthew E. Feinberg University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Feinberg, Matthew E. (2007) "Comments: The rC ime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment," University of Baltimore Law Review: Vol. 37: Iss. 1, Article 6. Available at: http://scholarworks.law.ubalt.edu/ublr/vol37/iss1/6 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. THE CRIME, THE CASE, THE KILLER COCKTAIL: WHY MARYLAND'S CAPITAL PUNISHMENT PROCEDURE CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT I. INTRODUCTION "[D]eath is different ...." I It is this principle that establishes the death penalty as one of the most controversial topics in legal history, even when implemented only for the most heinous criminal acts. 2 In fact, "[n]o aspect of modern penal law is subjected to more efforts to influence public attitudes or to more intense litigation than the death penalty.,,3 Over its long history, capital punishment has changed in many ways as a result of this litigation and continues to spark controversy at the very mention of its existence. -
The Culture of Capital Punishment in Japan David T
MIGRATION,PALGRAVE ADVANCES IN CRIMINOLOGY DIASPORASAND CRIMINAL AND JUSTICE CITIZENSHIP IN ASIA The Culture of Capital Punishment in Japan David T. Johnson Palgrave Advances in Criminology and Criminal Justice in Asia Series Editors Bill Hebenton Criminology & Criminal Justice University of Manchester Manchester, UK Susyan Jou School of Criminology National Taipei University Taipei, Taiwan Lennon Y.C. Chang School of Social Sciences Monash University Melbourne, Australia This bold and innovative series provides a much needed intellectual space for global scholars to showcase criminological scholarship in and on Asia. Refecting upon the broad variety of methodological traditions in Asia, the series aims to create a greater multi-directional, cross-national under- standing between Eastern and Western scholars and enhance the feld of comparative criminology. The series welcomes contributions across all aspects of criminology and criminal justice as well as interdisciplinary studies in sociology, law, crime science and psychology, which cover the wider Asia region including China, Hong Kong, India, Japan, Korea, Macao, Malaysia, Pakistan, Singapore, Taiwan, Thailand and Vietnam. More information about this series at http://www.palgrave.com/gp/series/14719 David T. Johnson The Culture of Capital Punishment in Japan David T. Johnson University of Hawaii at Mānoa Honolulu, HI, USA Palgrave Advances in Criminology and Criminal Justice in Asia ISBN 978-3-030-32085-0 ISBN 978-3-030-32086-7 (eBook) https://doi.org/10.1007/978-3-030-32086-7 This title was frst published in Japanese by Iwanami Shinsho, 2019 as “アメリカ人のみた日本 の死刑”. [Amerikajin no Mita Nihon no Shikei] © The Editor(s) (if applicable) and The Author(s) 2020. -
Thoughts on the Crucifixion Edward A
The Linacre Quarterly Volume 55 | Number 2 Article 16 May 1988 Why Did He Die in Three Hours?: Thoughts on the Crucifixion Edward A. Brucker Follow this and additional works at: http://epublications.marquette.edu/lnq Recommended Citation Brucker, Edward A. (1988) "Why Did He Die in Three Hours?: Thoughts on the Crucifixion," The Linacre Quarterly: Vol. 55: No. 2, Article 16. Available at: http://epublications.marquette.edu/lnq/vol55/iss2/16 Why Did He Die in Three Hours? Thoughts on the Crucifixion Edward A. Brucker, M.D. Doctor Brucker has served as director of laboratories at several hospitals and has, for the past 18 years, been a deputy medical examiner for Pima County in Arizona. He has studied and given lectures on the Shroud of Turinfor the past 27 years. Many problems exist with our understanding of crucifixion looking backward approximately 2,000 years. We know Constantine abolished crucifixions about 337 A. D. so that there is no known personal experience since that time of individuals reporting on crucifixions. Two events which add to our knowledge, however, and give us some insight as to how crucifixion was performed and what happened to the individual would be the Shroud of Turin which is probably the most important, and secondly, in 1968 in a Jewish cemetery - Givat ha M ivtar - in which the bones of a crucified individual, Johanaham, were identified with the nail being transfixed through the ankle bone and with scrape marks being identified on the radius bone. Other than these two events, we are limited to what the ancient historians and writers had to say about crucifixion. -
HURST V. FLORIDA
(Slip Opinion) OCTOBER TERM, 2015 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus HURST v. FLORIDA CERTIORARI TO THE SUPREME COURT OF FLORIDA No. 14–7505. Argued October 13, 2015—Decided January 12, 2016 Under Florida law, the maximum sentence a capital felon may receive on the basis of a conviction alone is life imprisonment. He may be sentenced to death, but only if an additional sentencing proceeding “results in findings by the court that such person shall be punished by death.” Fla. Stat. §775.082(1). In that proceeding, the sentencing judge first conducts an evidentiary hearing before a jury. §921.141(1). Next, the jury, by majority vote, renders an “advisory sentence.” §921.141(2). Notwithstanding that recommendation, the court must independently find and weigh the aggravating and miti- gating circumstances before entering a sentence of life or death. §921.141(3). A Florida jury convicted petitioner Timothy Hurst of first-degree murder for killing a co-worker and recommended the death penalty. The court sentenced Hurst to death, but he was granted a new sen- tencing hearing on appeal. At resentencing, the jury again recom- mended death, and the judge again found the facts necessary to sen- tence Hurst to death. -
Prison Conditions, Capital Punishment, and Deterrence
Prison Conditions, Capital Punishment, and Deterrence Lawrence Katz, Harvard University and National Bureau of Economic Research, Steven D. Levitt, University of Chicago and American Bar Foundation, and Ellen Shustorovich, City University of New York Previous research has attempted to identify a deterrent effect of capital punishment. We argue that the quality of life in prison is likely to have a greater impact on criminal behavior than the death penalty. Using state-level panel data covering the period 1950±90, we demonstrate that the death rate among prisoners (the best available proxy for prison conditions) is negatively correlated with crime rates, consistent with deterrence. This finding is shown to be quite robust. In contrast, there is little systematic evidence that the execution rate influences crime rates in this time period. 1. Introduction For more than two decades the deterrent effect of capital punishment has been the subject of spirited academic debate. Following Ehrlich (1975), a number of studies have found evidence supporting a deterrent effect of the death penalty (Cloninger, 1977; Deadman and Pyle, 1989; Ehrlich, 1977; Ehrlich and Liu, 1999; Layson, 1985; Mocan and Gittings, 2001). A far larger set of studies have failed to ®nd deterrent effects of capital punishment (e.g., Avio, 1979, 1988; Bailey, 1982; Cheatwood, 1993; Forst, Filatov, and Klein, 1978; Grogger, 1990; Leamer, 1983; Passell and Taylor, 1977).1 Although only one small piece of the broader literature on the issue of We would like to thank Austan Goolsbee for comments and criticisms. The National Science Foundation provided ®nancial support. Send correspondence to: Steven Levitt, Department of Economics, University of Chicago, 1126 E. -