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The Risks of Death: Why Erroneous Convictions are Common in Capital Cases

Year: 1996
Type: article
Abstract: Is DIFFERENTAs the Supreme Court has said, time and again, death is different: It is "different in kind from any other punishment imposed under our system of criminal justice;" 1 it "differs more from life imprisonment than a 100-year sentence differs from one of only a year or two;" ' 2 and so forth.Traditionally, this observation has justified special procedural protections for capital defendants.Justice Harlan put it nicely nearly forty years ago: "I do not concede that whatever process is 'due' an offender faced with a fine or a prison sentence necessarily satisfies the requirements of the Constitution in a capital case."A central purpose of this special attention to
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W7005977277
FWCI:
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Cited by: 30
Related to: 10