Wednesday, June 6, 2018
Renee Knake (University of Houston Law Center) has posted Abolishing Death (Duke Journal of Constitutional Law & Public Policy, Vol. 13, No. 2, 2018) on SSRN. Here is the abstract:
This essay, written for the Duke Journal of Constitutional Law and Public Policy Symposium, An Even More Perfect Union: Proposed Amendments to the Constitution, makes the case for a constitutional amendment to abolish the death penalty and lays out possible routes to enactment. Part one of the essay opens by recounting one Congress member’s unsuccessful efforts at launching a death penalty amendment. It then describes the present state of the law in the United States regarding capital punishment, including recent data showing a significant decline in death sentences and executions among the few states still engaging in the practice. Part two provides an overview of the process established by Article V for amending the Constitution, and then evaluates the potential paths for a successful death penalty abolition amendment.