SYLLABUS
Capital Punishment: Law and ProcedureProfessor Victor Streib
ElonUniversitySchool of LawFall Semester 2008
Course Description
This course examines the specific legal issues inherent in capital punishment within the general area of criminal law and procedure. Included will be detailed coverage of both substantive and procedural law of capital punishment, as well as the roles of lawyers, judges, and juries within this legal system. Law and legal analysis in death penalty statutes and cases are the major focuses of this course, with some attention also given to empirical analyses of the practice and philosophical examinations as to its wisdom.
Course Texts
Required Reading:
NINA RIVKIND & STEVEN F. SHATZ, CASES AND MATERIALS ON THE DEATH PENALTY (Thomson West, 2d ed., 2005).
NINA RIVKIND & STEVEN F. SHATZ, 2008 SUPPLEMENT TO CASES AND MATERIALS ON THE DEATH PENALTY (Thomson West, 2008).
Optional Additional Reading:
VICTOR STREIB, DEATH PENALTY IN A NUTSHELL (Thomson-West) (2nd ed. 2005).
Course Instructor
The instructor for this course is Professor Victor Streib, who has been teaching this course in various formats since 1987 and teaching criminal justice courses in general since 1971. Professor Streib has served as a prosecuting attorney and as a criminal defense attorney, and he most recently has been involved in appellate work for death row inmates. He has represented clients on death row before the United States Supreme Court and several state supreme courts. Hisbooks and articles on the death penalty can be found in the library an/or on line. Please feel free to stop by Professor Streib's office (A208), to call him either at his office (279-9353) or at his home (617-5946), or to reach him by email (). Professor Streib’s office hours for this semester are 2:00 p.m. to 4:00 p.m. on Tuesdays, Wednesdays and Thursdays, or other times by chance or appointment.
Course Grade
The final grade for this three credit course will be derived by combining the final examination grade and the class participation grade. Ninety percent (90%) of the final course grade will be based upon the final examination score, and ten percent (10%) of the final course grade will be based upon class attendance and participation. Extra term papers, additional reading and similar efforts, while encouraged, will not be considered in computing the final course grade. The final examination is scheduled for Tuesday, December 16, 2008, and will be a closed book examination, including in part short essay questions and in part multiple choice questions. Professor Streib will discuss the final examination for this course and his expectations concerning it during several class sessions.
Course Schedule
This class normally meets on Monday and Wednesday mornings, 8:30 –10:00 a.m.. Students are expected to have studied the reading assignment thoroughly prior to each class meeting and to attend class prepared to discuss the reading and concepts therein. All students are expected to attend all class meetings in accordance with law school regulations and ABA Standards for Accreditation. Any and all absences from class will have a negative effect on your grade. Absence from more than six class meetings will result in the student being administratively withdrawn from the course unless the law college's withdrawal deadline has passed, in which case the instructor reserves the right to enter a failing grade for the course. No excused (uncounted) absences are permitted, and no "unprepared" claims will be honored. Class topics and readings assignments are as listed below:
CLASS DAY & READING ASSIGNMENT
NMBR DATECLASS TOPICCASEBOOKSUPPLEMENTNUTSHELL
(required) (required) (optional)
1Wed, 8/20Justificationspp. 1-19p. 1pp. 9-17
2Mon, 8/25Historypp. 19-45p. 2pp. 1-8
3Wed, 8/27Constitutional pp. 46-76-----pp. 27-50
Challenges
4Mon, 9/1Declaringpp. 76-102-----pp. 51-54
Constitutionality
5Wed, 9/3Arbitrarinesspp. 121-146pp. 4-5pp. 17-26
6Mon, 9/8Arbitrarinesspp. 147-168-----pp. 69-77
7Wed, 9/10Individualizedpp. 169-183pp.6-15pp. 77-92 Consideration
8Mon, 9/15Proportional topp. 201-211pp. 16-37pp. 55-68
Offense
CLASS DAY & READING ASSIGNMENT
NMBR DATECLASS TOPICCASEBOOKSUPPLEMENTNUTSHELL
(required) (required) (optional)
9Wed, 9/17Proportional topp. 211-240-----pp. 93-105
Offender
10Mon, 9/22Juveniles; Racepp. 240-262------
11Wed, 9/24Race Issuespp. 262-289-----pp. 240-245
12Mon, 9/29Race & Genderpp. 289-306------pp. 245-251
(plus handouts)
13Wed, 10/1Death Penalty pp. 339-348pp. 40-54pp. 125-138
Juries
14Mon, 10/6Defendant and pp. 349-358;p. 55pp. 112-117
Defense Counsel 368-380
15Wed, 10/8Defense Counsel pp. 380-397pp. 55-69pp. 150-156
Role
16Mon, 10/13Prosecutorspp. 420-448-----pp. 108-112;
& 139-150
17Wed, 10/15Penalty Hearingspp. 463-488-----pp. 157-163
Mon, 10/20/08NO CLASS MEETING; FALL RECESS
18Wed, 10/22Penalty Hearingspp. 498-511; -----pp. 163-169
536-549
19Mon, 10/27Imposing Sentencespp. 549-578 -----pp. 169-175
20Wed, 10/29Imposing Sentencespp. 578-605 p. 70-----
21Mon, 11/3State Court Reviewpp. 606-623; p. 72pp. 117-121
630-638 177-193
22Wed, 11/5Federal Habeaspp. 642-653; p. 73pp. 194-203
Corpus 662-677
23Mon, 11/10Federal Habeas pp. 677-685 pp. 73-91pp. 204-220
Corpus
CLASS DAY & READING ASSIGNMENT
NMBR DATECLASS TOPICCASEBOOKSUPPLEMENTNUTSHELL
(required) (required) (optional)
24Wed, 11/12Executionspp. 765-779 pp. 98-109pp. 121-124
25Mon, 11/17Executionspp. 780-788 pp. 109-131-----
26Wed, 11/19International andpp. 793-817 p. 132pp. 268-286
Comparative
Death Penalty
27Mon, 11/24Future of the pp. 818-844pp. 287-291
Death Penalty (plus new SCOTUS cases)
TUESDAY; 12/16/08; 2:00 p.m.; FINAL EXAMINATION
1