Critical Annotated Bibliography

Critical Annotated Bibliography

Berry, W. W. (2010). Ending Death by Dangerousness; A Path to the De Facto Abolition of the Death Penalty. Arizona Law Review, 52(4), pp. 889-924.

The brief study examines how the exercise of the death penalty, regardless of the amount of new death sentences and definite implementation has had a steady decline in the past decade. Largely explain the decrease in these two phenomena: (1) continue to find out who is truly innocent, they have committed crimes, and more and more individuals on death row (2) use of life imprisonment instead of the death penalty sentencing. The abolitionists have successfully seized these, firstly in improving the suspect to continue the use of the death penalty. The proposed deeper examination to the accessibility of life exclusive of parole recommended second line in efforts to further attack the de facto abolition of the death penalty. Retribution and deterrence purposes to continue the discussion in the Supreme Court and the academic literature is the reason of the use of the death penalty, the actual situation is to determine whether a person received the death penalty, he perceived future risk to society is strongest. This paper argues that the risk enormous impact in view of the decision of the death penalty, a wholesale cancel the dangerous concept of death penalty cases, the concept is largely irrelevant to the availability of life without parole (and solitary confinement ) will close in fact abolished the death penalty. The first part of the article describes the risk of the future to play a leading role in death penalty cases. The second part explains why the risk should be excluded in death penalty cases, a basic common sense, experience, and jurisprudential issues.

Berwanger, M. J. (2012). Death is Different: Actual Innocence and Categorical Exclusion Claims under the Antiterrorism and Effective Death Penalty Act. New England Journal on Criminal & Civil Confinement, 38(2), pp. 307-337.

This article focuses on fair fees and actual innocence before the anti-terrorism and Effective Death Penalty Act (AEDPA). The paper has formally discussed habeas petition, which states that the death penalty does not meet the eligibility requirements of actual innocence and decent categorical exclusion jurisprudence habeas corpus claims. Moreover, it describes the actual innocence doctrine changing standards. It illustrates the circuit partitioning and actual innocence requirement to toll limitation of actions in AEDPA.

Bing, Z. (2012). Improvement on Rights Protection of Criminals of Death Penalty in China. Asian Social Science, 8(8), pp. 40-44.

In this brief analysis, the author studies death penalty in a global field, the direction of human development, protect the rights of criminals in regards to the death penalty in China, which displays there are still a lot of problems. Quite a number of death convicts the right to the most basic human rights, and a strong theoretical foundation. China should be established prior to the death of a spouse and the strengthening of the following rights to seek compensation for the rights of criminals to death, the case of pardon, reproductive rights, ...