Capital Punishment in America
Spring term, Block G
M,T 3:15 PM - 4:45 PM
Professor Carol Steiker
3 classroom credits LAW-31980A Spring
Optional clinical credits LAW-31980C: 2 Winter and 2, 3, or 4 Spring
This course considers the legal, political, and social implications of the practice of capital punishment in America, with an emphasis on contemporary legal issues. The course will frame contemporary questions by considering some historical perspectives on the use of the death penalty in America and by delving into the moral philosophical debate about the justice of capital punishment as a state practice. It will explore in detail the intricate constitutional doctrines developed by the Supreme Court in the three decades since the Court "constitutionalized" capital punishment in the early 1970's. Doctrinal topics to be covered include the role of aggravating and mitigating factors in guiding the sentencer's decision to impose life or death; challenges to the arbitrary and/or racially discriminatory application of the death penalty; the ineligibility of juveniles and persons with mental retardation for capital punishment, limits on the exclusion and inclusion of jurors in ca pital trials; allocation of authority between judges and juries in capital sentencing; and the scope of federal habeas review of death sentences, among other topics. The course will also consider the role of executive clemency and pardons in the administration of capital punishment. Finally, the course will conclude by again widening the lens and addressing the anomalous and "exceptional" status of American retention of capital punishment in the developed West and the proper role of international practices and legal materials on the future of the practice of capital punishment in America.
Up to 12 students may participate in the clinical component, which will require clinical work in the Winter and Spring semesters. Clinical grading is pass/fail. Students who would like to participate in the clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.