University of Missouri School of Law Scholarship Repository Faculty Publications Summer 2005 The Abu' se Excuse' in Capital Sentencing Trials: Is it Relevant to Responsibility, Punishment, or Neither? Paul J. Litton University of Missouri School of Law,
[email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Criminal Law Commons, Ethics and Professional Responsibility Commons, and the Psychology and Psychiatry Commons Recommended Citation Paul Litton, The Abus" e Excuse" in Capital Sentencing Trials: Is It Relevant to Responsibility, Punishment, or Neither?, 42 Am. Crim. L. Rev. 1027 (2005) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. ARTICLES THE "ABUSE EXCUSE" IN CAPITAL SENTENCING TRIALS: IS IT RELEVANT TO RESPONSIBILITY, PUNISHMENT, OR NEITHER? Paul Litton* I. INTRODUCTION During the sentencing phase of a capital trial, it is defense counsel's obligation to humanize their client:1 to have the jurors see not merely a murderer, but a person in whom we see the "diverse frailties of humankind, ' '2 which we recognize in ourselves. Counsel, with the aid of a forensic psychologist or social worker, investigate their client's past, often finding evidence that he suffered extraordinary and continual abuse-even murderous behavior directed towards him from his parents-during his formative years.' Craig Haney, who has compiled the social histories of many capital defendants, provides disturbing examples: [One] defendant was beaten nearly every day of his young life with a switch from a tree or with a belt, was regularly locked in his room, where his parents had removed the handles from the door and installed several locks on the outside of the door and boarded up all the windows.