Abstract

http://ssrn.com/abstract=1774870
 
 

Citations (4)



 
 

Footnotes (63)



 


 



Correcting Deadly Confusion: Responding to Jury Inquiries in Capital Cases


Paul Marcus


William & Mary Law School

Stephen P. Garvey


Cornell Law School

Sheri Lynn Johnson


Cornell Law School

1999

Cornell Law Review, Vol. 85, No. 3, 1999-2000
William & Mary Law School Research Paper No. 09-81

Abstract:     
In Weeks v. Angelone, 528 U.S. 225 (2000), the members of the capital sentencing jury asked for clarification of the jury instructions on the essential question of whether they were required to sentence Weeks to death upon the finding of certain aggravating factors. The judge merely informed the jurors to reread the instruction. The jurors returned with a death penalty sentence. The Supreme Court held that these jurors likely understood the instructions and at most Weeks had shown a slight possibility that the jurors believed they were precluded from considering mitigating evidence. However, the results of a mock jury study conducted by the authors strongly suggest that the Supreme Court's conclusion was incorrect. In fact, many jurors receiving the subject instruction do believe that they cannot weigh mitigating evidence. The Supreme Court's finding that the jurors in Weeks' trial understood the sentencing instruction was based on mere instinct and was likely incorrect.

Number of Pages in PDF File: 30

Keywords: Weeks, Angelone, capital, sentencing, jury, death, aggravating, fators, penality, mitigating, evidence, and instruction

Accepted Paper Series


Download This Paper

Date posted: March 4, 2011  

Suggested Citation

Marcus, Paul and Garvey, Stephen P. and Johnson, Sheri Lynn, Correcting Deadly Confusion: Responding to Jury Inquiries in Capital Cases (1999). Cornell Law Review, Vol. 85, No. 3, 1999-2000; William & Mary Law School Research Paper No. 09-81. Available at SSRN: http://ssrn.com/abstract=1774870

Contact Information

Paul Marcus (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
757-221-3900 (Phone)
757-221-3261 (Fax)
Stephen P. Garvey
Cornell Law School ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-8589 (Phone)
607-255-7193 (Fax)
Sheri Lynn Johnson
Cornell Law School ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-6478 (Phone)
607-255-7193 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 449
Downloads: 32
Citations:  4
Footnotes:  63

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.422 seconds