Litigating Against the Dealth Penalty: the Strategy Behind Furman

Yale Law Journal, Vol. 82, pp. 1111-1139, 1973.

30 Pages Posted: 19 Apr 2012 Last revised: 22 Apr 2012

Michael Meltsner

Northeastern University - School of Law

Date Written: 1973

Abstract

In this article, excerpted from Professor Meltsner’s book Cruel and Unusual: The Supreme Court and Capital Punishment, the author describes the moratorium strategy crafted by NAACP Legal Defense Fund lawyers to reduce or eliminate executions in the years before the Court considered the constitutional arguments for abolition. In the 1972 Furman case the Court determined that the sort of broad discretionary death laws employed by those states that retained the penalty produced arbitrary and capricious death sentencing.

Suggested Citation

Meltsner, Michael, Litigating Against the Dealth Penalty: the Strategy Behind Furman (1973). Yale Law Journal, Vol. 82, pp. 1111-1139, 1973.. Available at SSRN: https://ssrn.com/abstract=2042264

Michael Meltsner (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

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