Bidish Sarma

University of California, Berkeley School of Law

Former Clinical Teaching Fellow and Lecturer in Residence

391 Simon Hall

UC Berkeley

Berkeley, CA 94720

United States

The Justice Center's Capital Appeals Project

Staff Attorney

636 Baronne St.

New Orleans, LA 70113

United States

SCHOLARLY PAPERS

15

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Scholarly Papers (15)

1.

Struck by Lightning: Walker v. Georgia and Louisiana's Proportionality Review of Death Sentences

Southern University Law Review, Forthcoming 2010
Number of pages: 33 Posted: 22 Jan 2009 Last Revised: 03 Mar 2010
Bidish Sarma, Robert J. Smith and G. Ben Cohen
University of California, Berkeley School of Law, Harvard Law School (Fair Punishment Project, a joint initiative of the Charles Hamilton Houston Institute & Criminal Justice Institute) and The Promise of Justice Initiative
Downloads 256 (117,209)

Abstract:

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Death Penalty, Walker v. Georgia, Louisiana Supreme Court, Proportionality Review

2.

Still in Search of a Unifying Principle: What Kennedy v. Louisiana and the Supreme Court’s Denial of the State’s Petition for Rehearing Signal for the Future

Yale Law Journal Pocket Part, Vol. 118, pp. 55-60, 2008
Number of pages: 6 Posted: 30 Aug 2009
Bidish Sarma
University of California, Berkeley School of Law
Downloads 153 (189,069)

Abstract:

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Kennedy v. Louisiana, death penalty, rehearing, eighth amendment

3.

How and Why Race Continues to Influence the Administration of Criminal Justice in Louisiana

Louisiana Law Review, Vol. 72, p. 361, 2012
Number of pages: 47 Posted: 15 Feb 2012
Robert J. Smith and Bidish Sarma
Harvard Law School (Fair Punishment Project, a joint initiative of the Charles Hamilton Houston Institute & Criminal Justice Institute) and University of California, Berkeley School of Law
Downloads 104 (253,831)

Abstract:

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race, criminal justice, criminal law, criminal procedure, Louisiana, Batson, Witherspoon, Death Qualification, discrimination, Louisiana Supreme Court, death penalty

4.

Using Deterrence Theory to Promote Prosecutorial Accountability

Lewis & Clark Law Review, Forthcoming
Number of pages: 69 Posted: 04 Feb 2017
Bidish Sarma
University of California, Berkeley School of Law
Downloads 89 (281,027)

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Prosecutorial Accountability, Prosecutorial Misconduct, Brady v. Maryland, Professional Discipline, Deterrence

5.

An Enduring (and Disturbing) Legacy: Race-Neutrality, Judicial Apathy, and the Civic Exclusion of African-Americans in Louisiana

Houston Law Review, Forthcoming
Number of pages: 9 Posted: 05 Feb 2011
Bidish Sarma
University of California, Berkeley School of Law
Downloads 87 (285,038)

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Racial Discrimination, Reconstruction, Jury Selection, Batson v. Kentucky, E.B. Kruttschnitt, Disenfranchisement

6.

When Will Race No Longer Matter in Jury Selection?

Michigan Law Review First Impressions, Vol. 109, 2011
Number of pages: 4 Posted: 21 Feb 2011
Bidish Sarma
University of California, Berkeley School of Law
Downloads 84 (291,335)

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Batson v. Kentucky, Racial Discrimination, Jury Selection, Supreme Court

7.

The Way the Court Gauges Consensus (and How to Do it Better)

Cardozo Law Review, Vol. 35, No. 6, 2014
Number of pages: 56 Posted: 08 Mar 2016
Robert J. Smith, Bidish Sarma and Sophie Cull
Harvard Law School (Fair Punishment Project, a joint initiative of the Charles Hamilton Houston Institute & Criminal Justice Institute), University of California, Berkeley School of Law and Independent
Downloads 83 (293,392)

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Supreme Court, Eighth Amendment, National Consensus, Death Penalty

8.

Why We Would Spare Walter White: Breaking Bad and the True Power of Mitigation

New Mexico Law Review, Vol. 45, No. 2, 2015
Number of pages: 48 Posted: 09 Mar 2016
Bidish Sarma
University of California, Berkeley School of Law
Downloads 75 (311,490)

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Breaking Bad, Walter White, Death Penalty, Mitigation, Mitigating Evidence, Storytelling

9.

The Emerging Eighth Amendment Consensus Against Life Without Parole Sentences for Nonviolent Offenses

Case Western Reserve Law Review, Vol. 66, No. 2, 2015
Number of pages: 56 Posted: 14 Mar 2016
Bidish Sarma and Sophie Cull
University of California, Berkeley School of Law and Independent
Downloads 64 (339,425)

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Eighth Amendment, nonviolent crime, natonal consensus, Supreme Court

10.

A Cold Day in Apprendi-Land: Oregon v. Ice Brings Unknown Forecast for Apprendi’s Continued Vitality in the Capital Sentencing Context

Harvard Law & Policy Review, Vol. 3, April 24, 2009
Number of pages: 9 Posted: 26 Aug 2009 Last Revised: 30 Sep 2009
G. Ben Cohen, Bidish Sarma and Robert J. Smith
The Promise of Justice Initiative, University of California, Berkeley School of Law and Harvard Law School (Fair Punishment Project, a joint initiative of the Charles Hamilton Houston Institute & Criminal Justice Institute)
Downloads 52 (375,078)

Abstract:

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11.

Furman‘s Resurrection: Proportionality Review and the Supreme Court's Second Chance to Fulfill Furman‘s Promise

Cardozo Law Review de novo, p. 238, 2009
Number of pages: 6 Posted: 25 Sep 2009
Bidish Sarma
University of California, Berkeley School of Law
Downloads 51 (378,257)

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Proportionality Review, Capital Punishment, Death Penalty, Supreme Court, Furman v. Georgia, Walker v. Georgia

12.

Challenges and Opportunities in Bringing the Lessons of Cultural Competence to Bear on Capital Jury Selection

University of Memphis Law Review, Vol. 42, No. 907, 2012
Number of pages: 21 Posted: 13 Dec 2012
Bidish Sarma
University of California, Berkeley School of Law
Downloads 44 (402,290)

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capital jury selection, culutral competency, death penalty, death qualification, peremptory challenges, implicit bias

13.

Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment's Continued Vitality

Northwestern University Law Review (Colloquy), Vol. 103, p. 456, 2009
Number of pages: 8 Posted: 26 Aug 2009 Last Revised: 01 Oct 2009
G. Ben Cohen, Bidish Sarma and Robert J. Smith
The Promise of Justice Initiative, University of California, Berkeley School of Law and Harvard Law School (Fair Punishment Project, a joint initiative of the Charles Hamilton Houston Institute & Criminal Justice Institute)
Downloads 43 (405,946)

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right to counsel, counsel, Sixth Amendment

14.

Response to 'Snyder v. Lousiana: Continuing the Historical Trend Towards Increased Scrutiny of Peremptory Challenges'

Michigan Law Review First Impressions, Vol. 109, p. 42, 2010
Number of pages: 6 Posted: 10 Nov 2010
Bidish Sarma
University of California, Berkeley School of Law
Downloads 34 (441,289)

Abstract:

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Batson, Race, Racial Discrimination, Jury Selection, Snyder v. Louisiana, Miller-El v. Dretke

15.

How Hall V. Florida Transforms the Supreme Court's Eighth Amendment Evolving Standards of Decency Analysis

UCLA Law Review, Vol. 62, No. Discourse, 2014
Number of pages: 16 Posted: 09 Mar 2016
Bidish Sarma
University of California, Berkeley School of Law
Downloads 32 (449,823)

Abstract:

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Supreme Court, Eighth Amendment, National Consensus, Hall v. Florida