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6 Jurnalul de Studii Juridice 13 (2011)

handle is hein.journals/jstudice6 and id is 1 raw text is: INTERNATIONAL HUMAN RIGHTS, A FOOLPROOF DEATH PENALTY ACT, AND THE POLITICS OF CAPITAL PUNISHMENT Russell G. MURPHY' Abstract A majority of American states recognize the death penalty as a lawful and constitutional sentence for the most serious crimes committed bj the most dangerous and blameworthy criminals. However, in recent years, numerous flaws in capital punishment systems have caused courts in the United States to reverse death sentences. Over one hundred death row inmates have been exonerated and released from prison. These same problems - racial bias, untrustworthy eidence, police and prosecutor misconduct, jury ma!functioning - have been joined with more philosophical notions of the limits of government and repect for human dignity to make capita/punishment a human rights iolation. One state Governor, Mitt Romney of the U.S. State of Massachusetts, proposed legislation that would have eliminated many of the shortcomings of death penalty practice b creating a 'foo/proof' capita! system built on heajy reliance on scientfiic evidence to establish guilt. This article describes that law, examines political reactions to it, and explores the political implications of Governor Romney's efforts for his current campaign to become the 2012 Presidential nominee of the Republican Pary of the United States. Keywords: criminal sentencing, death penaly, capital punishment, /egislation, public polig, human rights. Russell G. MURPHY - Professor of Law, Suffolk University Law School, Boston, Massachusetts. The author wishes to thank Law School Dean Camille Nelson for her sustained support in the writing of this article. Associate Dean Kathleen Engel provided invaluable advice at many stages of its development. Law student Jason Chandler performed superb technical and background editing of the article. It is dedicated to my beloved wife, Professor Kate Nace Day, Email Address: rgmkndg(Tmail.com, MURPHY, R., G., (2011) INTERNATIONAL IUMAN RIGHTS, A FOOLPROOF DEATH PENALTY ACT, AND THE POLITICS OF CAPITAL PUNISHMENT, Jurnalul de Studii Juridice, Anul VI, Nr. 1-2, lunie, pp: 13-42

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