CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, June 6, 2018

Knake on Abolishing Death

Knake reneeRenee 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.

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