Journal of Criminal Law and Criminology
Welsh White, The Death Penalty in the Nineties, habeas corpus, death penalty, capital punishment
Professor Welsh White's book, The Death Penalty in the Nineties, reviews those United States Supreme Court decisions and developments that have occurred in the four years since the publication of his earlier book, The Death Penalty in the Eighties. In The Nineties, White claims that these recent developments, which have significantly limited capital defendants' habeas corpus appeals, are likely to increase both the rate and the geographical reach of executions which, in the past, have occurred mostly in the South. After discussing some of the analytical and methodological shortcomings of The Nineties, this review will focus on The Nineties' most frustrating missed opportunity: its failure to develop the far-reaching implications of the principle that death is different from all other punishments.
Deborah W. Denno,
"Death is Different" and Other Twists of Fate, 83 J. Crim. L. & Criminology 437
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/108