Impeachment Calls and Death Threats: Assessing Criticisms of the Death Penalty Jurisprudence of Justices Kennedy and O'Connor
September 2006
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Article Text
(Excerpt, Automatically generated)
IMPEACHMENT CALLS AND DEAIB THREATS: ASSESSING CRITICISMS OF THE DEAm PENALTY JURISPRUDENCE OF JUSTICES KENNEDY AND O'CONNOR
SUSAN RAEKER-JORDANt
Table of Contents
INTRODUCTION 1128
THE SUPREME COURT'S EIGHTH AMENDMENT CRUEL AND
UNUSUAL PUNISHMENTS CONSTRUCT 1132
Ill. THE SWING OPINIONS OF JUSTICE O'CONNOR 1134
N. JUSTICE KENNEDY AND THE EIGHTH AMENDMENT 1147
JUSTICE O'CONNOR AND JUSTICE KENNEDY MEET IN THE
MAJORITY IN ATKINS V. VIRGINIA 1156
The Evolving Standards of Decency 1157
The Legislative Evidence and Evidence of Sentencing
and Execution Frequency 1157
Evidence of International Opinion and Practices 1160
The Court's "Own Judgment" on Proportionality 1163
JUSTICE O'CONNOR AND JUSTICE KENNEDY PART WAYS IN
ROPER V. SIMMONS 1167
The Evolving Standards of Decency 1169
The Legislative Evidence and Evidence of Sentencing
and Execution Frequency 1169
Justice Kennedy 1169
Justice O'Connor 1172
Evidence of International Opinion and Practices 1174
Justice Kennedy 1174
Justice O'Connor 1177
The Court's "Own Judgment" on Proportionality 1179
Justice Kennedy 1179
Justice O'Connor 1180
CONCLUSION 1183
1 Professor of Law, Widener University School of Law. B.A., 1984, University of Maine at Orono, High Distinction; J.D., 1988, University of South Carolina School of Law, Order of the Coif.J.D. The author would like to thank Evan Gumz for his competent and thorough research assistance, Paula Heider for her patient and perfect clerical assistance, and Widener