Fichier de travail (INPUT) : ./DUMP-TEXT/1/38-utf8.txt
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Forme recherchée : ([Pp]eine de mort)|([Pp]eine capitale)|([Dd]eath penalty)|([Cc]apital punishment)|死刑
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- Ligne n°71 : death penalty:pro and con
- Ligne n°75 : AGAINST THE AMERICAN SYSTEM OF CAPITAL PUNISHMENT
- Ligne n°86 : Over and over, proponents of the death penalty insist that it is
Ligne n°87 : right and useful. In reply, abolitionists argue that it is morally ...
Ligne n°92 : ... Yet all too frequently, the debate has been off the mark. Death- Ligne n°93 : penalty proponents have assumed a system of capital punishment that
Ligne n°94 : simply does not exist: a system in which the penalty is inflicted on ...
Ligne n°100 : ... in an even-handed manner. But this idealized system is not the- Ligne n°101 : American system of capital punishment. Because of the goals that our
Ligne n°102 : criminal justice system must satisfy - deterring crime, punishing ...
Ligne n°104 : ... treating citizens equally, and prohibiting oppression by the state -- Ligne n°105 : America simply does not have the kind of capital punishment system
Ligne n°106 : contemplated by death penalty partisans. ...
Ligne n°105 : ... America simply does not have the kind of capital punishment system- Ligne n°106 : contemplated by death penalty partisans.
- Ligne n°108 : Indeed, the reality of American capital punishment is quite to the
Ligne n°109 : contrary. Since at least 1967, the death penalty has been inflicted ...
Ligne n°108 : ... Indeed, the reality of American capital punishment is quite to the- Ligne n°109 : contrary. Since at least 1967, the death penalty has been inflicted
Ligne n°110 : only rarely, erratically, and often upon the least odious killers, ...
Ligne n°116 : ... punishment. It is this system, not some idealized one, that must be- Ligne n°117 : defended in any national debate on the death penalty. I submit that
Ligne n°118 : this system is deeply incompatible with the proclaimed objectives of ...
Ligne n°118 : ... this system is deeply incompatible with the proclaimed objectives of- Ligne n°119 : death penalty proponents.
- Ligne n°121 : I. THE AMERICAN SYSTEM OF CAPITAL PUNISHMENT
- Ligne n°123 : Here is how America's system of capital punishment really works
Ligne n°124 : today. Since 1967, the year in which the courts first began to ...
Ligne n°124 : ... today. Since 1967, the year in which the courts first began to- Ligne n°125 : grapple in earnest with death penalty issues, the death penalty has
- Ligne n°125 : grapple in earnest with death penalty issues, the death penalty has
Ligne n°126 : been frequently imposed but rarely enforced. Between 1967 and 1980, ...
Ligne n°138 : ... resistant to change. After 1972, in response to Supreme Court- Ligne n°139 : decisions, many states adopted new death penalty laws, and judges
Ligne n°140 : developed a clearer idea of the requirements that the Court had ...
Ligne n°143 : ... the first person involuntarily (6) executed since 1967. (7)- Ligne n°144 : Nevertheless, from 1972 to 1980, the death penalty invalidation rate
Ligne n°145 : declined to "only" sixty percent. (8) In contrast, ordinary ...
Ligne n°174 : ... of the vitality of litigation to reverse executions is that while- Ligne n°175 : legal attacks on capital punishment began as a coordinated effort by
Ligne n°176 : civil rights lawyers, they now come from a variety of segments of ...
Ligne n°189 : ... The current round of invalidations highlights the erratic imposition- Ligne n°190 : of the death penalty. These invalidations have been based largely on
Ligne n°191 : grounds unrelated to the heinousness of the crime or the ...
Ligne n°199 : ... deaths because their trials "went well." (19) Of course, when errors- Ligne n°200 : occur in securing a death penalty, the sentence should be
Ligne n°201 : invalidated, particularly because "there is a significant ...
Ligne n°201 : ... invalidated, particularly because "there is a significant- Ligne n°202 : constitutional difference between the death penalty and lesser
Ligne n°203 : punishments." (20) The corollary of this imperative is that the ...
Ligne n°203 : ... punishments." (20) The corollary of this imperative is that the- Ligne n°204 : current system of capital punishment violates a central tenet of
Ligne n°205 : capital justice -that the most reprehensible criminals deserve ...
Ligne n°209 : ... been attained only by using expedited procedures that undermine- Ligne n°210 : confidence in the fairness of the death penalty process. Recent
Ligne n°211 : executions have occurred during a period in which some federal ...
Ligne n°224 : ... Of course, one major difference exists between the period 1982 to- Ligne n°225 : 1985 and earlier years: increasingly, the death penalty has been
Ligne n°226 : concentrated geographically, not applied evenly across the United ...
Ligne n°250 : ... The limited number of actual executions seems to me to reflect the- Ligne n°251 : very deep ambivalence that Americans feel about capital punishment.
Ligne n°252 : We are the only nation of the Western democratic world that has not ...
Ligne n°252 : ... We are the only nation of the Western democratic world that has not- Ligne n°253 : abolished capital punishment. (32) By contrast, countries with whose
Ligne n°254 : dominant value systems were ordinarily disagree, like the Soviet ...- Ligne n°258 : II. THE FAILURES OF CAPITAL PUNISHMENT
- Ligne n°260 : We have a system of capital punishment that results in infrequent,
Ligne n°261 : random, and erratic executions, one that is structured to inflict ...
Ligne n°263 : ... defendants of the worst character. This is the "system" - if that is- Ligne n°264 : the right descriptive term - of capital punishment that must be
Ligne n°265 : defended by death penalty proponents. This system may not be ...
Ligne n°264 : ... the right descriptive term - of capital punishment that must be- Ligne n°265 : defended by death penalty proponents. This system may not be
Ligne n°266 : justified by positing a particularly gregarious killer like Charles ...
Ligne n°268 : ... acceptable general system of capital justice if we are to have one- Ligne n°269 : at all. However, the real American system of capital punishment
Ligne n°270 : clearly fails when measured against the most common justifications ...- Ligne n°273 : If capital punishment can be a deterrent greater than life
Ligne n°274 : imprisonment at all, the American system is at best a feeble one. ...
Ligne n°275 : ... Studies by Thorsten Sellin (34) showed no demonstrable deterrent- Ligne n°276 : effect of capital punishment even during its heyday. Today's death
Ligne n°277 : penalty, which is far less frequently used, geographically ...
Ligne n°308 : ... any even, the message, if any, that the real American system of- Ligne n°309 : capital punishment sends to the psyches of would-be-killers is quite
Ligne n°310 : limited: you may in a rare case be executed if you murder in the ...
Ligne n°320 : ... constitutes a morally permissible use of governmental power. To- Ligne n°321 : retribution theorists, the death penalty makes a moral point: it
Ligne n°322 : holds up as an example worthy of the most sever condemnation one who ...
Ligne n°329 : ... should not end at this point. Those who claim a moral justification- Ligne n°330 : for capital punishment must reconcile that belief with other moral
Ligne n°331 : considerations. To my mind, the moral force of any retribution ...
Ligne n°332 : ... argument is racially undercut by the hard facts of the actual- Ligne n°333 : American system of capital punishment. This system violates
Ligne n°334 : fundamental norms because it is haphazard, and because it is ...
Ligne n°343 : ... satisfies, the public's demand for retribution. Of course, the- Ligne n°344 : public has not said that it wants the death penalty as it exists -
Ligne n°345 : widely applicable but not infrequently used. Nor, to the best of my ...
Ligne n°346 : ... knowledge, is there any solid empirical basis for such a claim. Like- Ligne n°347 : other statues, death penalty laws are of general applicability, to
Ligne n°348 : be employed according to their terms. (40) Nothing in their language ...- Ligne n°362 : Death penalty proponents may respond to the argument by saying that
Ligne n°363 : if there is not enough capital punishment, there should be more. If ...
Ligne n°362 : ... Death penalty proponents may respond to the argument by saying that- Ligne n°363 : if there is not enough capital punishment, there should be more. If
Ligne n°364 : only killers of whites are being executed, then killers of blacks ...
Ligne n°366 : ... standards of review should be relaxed. (41) In the meantime, they- Ligne n°367 : might urge, the death penalty should go on. But this argument is
Ligne n°368 : unavailing, because it seeks to change the terms to the debate in a ...
Ligne n°369 : ... fundamental way. It seeks to substitute an imaginary system for the- Ligne n°370 : real American system of capital punishment. If there were a
Ligne n°371 : different kind of system of death penalty administration in this ...
Ligne n°370 : ... real American system of capital punishment. If there were a- Ligne n°371 : different kind of system of death penalty administration in this
Ligne n°372 : country, or even a reasonable possibility that one might emerge, we ...- Ligne n°377 : III. THE CONSTITUTION AND THE DEATH PENALTY
- Ligne n°379 : This debate about whether we should have a death penalty is a matter
Ligne n°380 : on which the Supreme Court is unlikely to have the last say now or ...
Ligne n°382 : ... The grounds that the Court has employed in striking down various- Ligne n°383 : forms of the death penalty resemble the arguments I have made.
Ligne n°384 : Freakishness was a ground for invalidating the death penalty as it ...
Ligne n°383 : ... forms of the death penalty resemble the arguments I have made.- Ligne n°384 : Freakishness was a ground for invalidating the death penalty as it
Ligne n°385 : was administered throughout the country in 1972. (43) Rarity of use ...
Ligne n°385 : ... was administered throughout the country in 1972. (43) Rarity of use- Ligne n°386 : contributed to invalidation of the death penalty for rape (44) and
Ligne n°387 : felony murder, (45) and to invalidation of the mandatory death ...
Ligne n°406 : ... Given the situation as I have described it, and as I believe it will- Ligne n°407 : continue so long as we have capital punishment, on could argue that
Ligne n°408 : the death penalty should be declared unconstitutional in all its ...
Ligne n°407 : ... continue so long as we have capital punishment, on could argue that- Ligne n°408 : the death penalty should be declared unconstitutional in all its
Ligne n°409 : forms. But the Court is unlikely to take that step soon. Only ten ...
Ligne n°412 : ... period. Thirty-seven states have passed laws showing they want some- Ligne n°413 : sort of death penalty. Public opinion polls show that most Americans
Ligne n°414 : want capital punishment in some form. Having only recently ...
Ligne n°413 : ... sort of death penalty. Public opinion polls show that most Americans- Ligne n°414 : want capital punishment in some form. Having only recently
Ligne n°415 : invalidated on application of the death penalty in Furman v. Georgia ...
Ligne n°414 : ... want capital punishment in some form. Having only recently- Ligne n°415 : invalidated on application of the death penalty in Furman v. Georgia
Ligne n°416 : in 1972, the Court is unlikely soon to deal with the concept ...
Ligne n°416 : ... in 1972, the Court is unlikely soon to deal with the concept- Ligne n°417 : wholesale again. But, if the way capital punishment works does not
Ligne n°418 : change materially. I think that at some point the court will declare ...
Ligne n°426 : ... a full and steady stream of executions, sufficient to do the jobs- Ligne n°427 : the death penalty proponents claim that it can do, there is further
Ligne n°428 : reason to kill no one at all. ...
Ligne n°458 : ... 6 I call execution "involuntary" if the defendant has contested- Ligne n°459 : actual implementations of the death penalty. Conversely, a
Ligne n°460 : "voluntary" execution is one in which the defendant at some point ...
Ligne n°512 : ... Director Counsel until 1984 and which commenced the attacks on- Ligne n°513 : capital punishment, has participated in virtually none of the state
Ligne n°514 : cases that invalidated death penalties and in very few of the recent ...
Ligne n°516 : ... however, approved an effort to obtain %150,000 for a post-conviction- Ligne n°517 : death penalty representation project in December 1983, and the
Ligne n°518 : Florida legislature enacted a law to furnish counsel on ...
Ligne n°518 : ... Florida legislature enacted a law to furnish counsel on- Ligne n°519 : post-conviction death penalty proceedings, see Fla. Stat. Ann.
Ligne n°520 : (section symbol needed) 27.7001 (West Supp. 1986). ...- Ligne n°546 : 24 Cf. Marshall, Remarks on the Death Penalty Made at the Judicial
Ligne n°547 : Conference of the Second Circuit, 86 Colum. L. Rev. I, 6-7 (1986) ...
Ligne n°548 : ... (observing that expedited procedures deny defendants the ability to- Ligne n°549 : present their claims property); Marshall Assails Death Penalty Plea
Ligne n°550 : Process, N.Y. Times, Sept. 7, 1985, at A24, col. 1. ...- Ligne n°580 : 31 See Bedau, Background and Developments, in the Death Penalty in
Ligne n°581 : America 3, 25 (H. Bedau 3d ed. 1982). There were 21 executions in ...
Ligne n°584 : ... 32 See Greenberg, supra note 1, at 925. The European Convention of- Ligne n°585 : Human Rights has been amended to prohibit the death penalty in
Ligne n°586 : peace-time. See Protocol No. 6 to the Convention for the Protection ...
Ligne n°587 : ... of Human Rights and Fundamental Freedoms Concerning the Abolition of- Ligne n°588 : the Death Penalty, Apr. 28, 1983, Council of Europe, 22 I.L.M. 539.
Ligne n°589 : The consequence of the amendment is that parties to the treaty who ...
Ligne n°589 : ... The consequence of the amendment is that parties to the treaty who- Ligne n°590 : ratify may not reinstate the death penalty without repudiating the
Ligne n°591 : entire treaty, a move that would have undesirable political ...
Ligne n°597 : ... 34 Sellins' studies of deterrence are reviewed in Kelin, Frost &- Ligne n°598 : Filatove, The Deterrent Effect of Capital Punishment: An Assessment
Ligne n°599 : of the Evidence, in The Death Penalty in America, supra note 31, at ...
Ligne n°598 : ... Filatove, The Deterrent Effect of Capital Punishment: An Assessment- Ligne n°599 : of the Evidence, in The Death Penalty in America, supra note 31, at
Ligne n°600 : 138, 139-40. The work of Isaac Ehrlich, who arrive at contrary ...- Ligne n°605 : 35 See Bedau, Volume and Rate of Murder, in the Death Penalty in
Ligne n°606 : America, supra note 31, at 39, 43. ...
Ligne n°614 : ... are discussed in Bedau, Recidivism, Parole, and Deterrence in The- Ligne n°615 : Death Penalty in America, supra note 31, at 173, and Wolfson, The
Ligne n°616 : Deterrent Effect of the Death Penalty Upon Prison Murder, in The ...
Ligne n°615 : ... Death Penalty in America, supra note 31, at 173, and Wolfson, The- Ligne n°616 : Deterrent Effect of the Death Penalty Upon Prison Murder, in The
Ligne n°617 : Death Penalty in America, supra note 31 at 159, respectively. ...
Ligne n°616 : ... Deterrent Effect of the Death Penalty Upon Prison Murder, in The- Ligne n°617 : Death Penalty in America, supra note 31 at 159, respectively.
Ligne n°618 : Wolfson concludes: "Given that the deterrent effect of the death ...
Ligne n°631 : ... evidence has been offered. Religious, social and noncapital legal- Ligne n°632 : requirements all teach us not to murder. If the death penalty were
Ligne n°633 : needed as an incremental influence to persuade noncrimnals to abjure ...
Ligne n°637 : ... 39 The reply to this argument is the same as to the arguments that- Ligne n°638 : the death penalty deters by teaching not to kill. Retribution is
Ligne n°639 : also said to have another utilitarian by-product distinct from a ...
Ligne n°642 : ... no executions (1967-1977) and in the overwhelming number of states- Ligne n°643 : that have abolished the death penalty, have not sentenced anyone to
Ligne n°644 : death, or have not carried out executions, it is difficult to find ...
Ligne n°651 : ... police officers, or for those members of the public who somehow feel- Ligne n°652 : and identification with the deceased, the death penalty provides
Ligne n°653 : personal satisfaction, repaying in some measure the loss they felt ...- Ligne n°657 : 40 A few death penalty proponents say that the death penalty is the
- Ligne n°657 : 40 A few death penalty proponents say that the death penalty is the
Ligne n°658 : only way of "assuring" life imprisonment for the works criminals. ...
Ligne n°665 : ... of achieving the purpose of live imprisonment. And again, this sort- Ligne n°666 : of life sentencing process is not what the death penalty law
Ligne n°667 : contemplate. ...- Ligne n°673 : 42 Some death penalty proponents argue that the erratic quality of
Ligne n°674 : the capital sentencing system and its racial bias are characteristic ...