RT Article
T1 Abolishing the Death Penalty: An Untested Legal Argument
JF American journal of criminal justice
VO 39
IS 4
SP 808
OP 817
A1 Sarver, Vernon Thomas
LA English
YR 2014
UL https://krimdok.uni-tuebingen.de/Record/1764201205
AB This paper supplies the logical and substantive framework for an untested challenge to the legality of the death penalty in the United States. As such, it yields a novel strategy for appellants and supporting amici seeking review of capital cases in the United States Supreme Court. With twin reliance on the right of the people to reparation for harm wrongly inflicted by others and their constitutional right to Due Process of Law under the Fourteenth Amendment, this paper advances the argument that the mere possibility of a wrongful execution yields an imperative for abolishment of capital punishment by the Court.
K1 Reparation
K1 Fourteenth Amendment
K1 John Locke
K1 Social Contract
K1 death penalty
DO 10.1007/s12103-014-9264-4