LAW-8041 Death Penalty: Law and Trial Practice
Although Massachusetts abolished capital punishment in 1984, some 27 states continue to have a statutory sentence of death available for certain categories of homicide. The Department of Justice is authorized by statute to seek the death penalty in federal courts in all fifty states. This three credit hour course introduces the structure, procedure and constitutional foundation of capital litigation, combined with a series of experiential exercises focused on pivotal events in death penalty trials. Students in this course will develop an in-depth understanding of the constitutional evolution of capital punishment in the United States and the procedural framework in which death penalty cases proceed through trial. Classes will include a series of practicum exercises, in which students will utilize records of prior capital cases to experience critical aspects of the trial process. These interactive practicum sessions will include the selection of a "death qualified" jury, the role of aggravating and mitigating factors in the penalty phase of trial, and evidentiary challenges peculiar to capital trial litigation. The avenues for post-conviction relief from the death sentence will also be explored and will focus on federal appellate and Habeas Corpus litigation.
Offered
Spring Law