Abstract

The Death Penalty and Fair Trial
Oberer, Walter E. | April 6, 1964 issue

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This article discusses the laws and legislation and the procedure in the U.S. regarding death penalty by a jury. The right of the accused in a criminal case to be tried by a jury of his peers is a cornerstone of U.S. justice. One might therefore expect this principle to be most honored in the most serious of criminal cases -those in which the defendant's life is in jeopardy. Ironically, certain mechanics of these "capital" trials, as presently conducted, operate to defeat this principle. The situation has been strangely neglected to date by lawyers, judges and libertarians.

See Also:

CAPITAL punishment -- Law & legislation; CRIMINAL law; JURY selection; PROCEDURE (Law); ACTIONS & defenses; UNITED States
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