About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

49 Vand. L. Rev. 310 (1996)
Faith in Fantasy: The Supreme Court's Reliance on Commutation to Ensure Justice in Death Penalty Cases

handle is hein.journals/vanlr49 and id is 324 raw text is: Faith in Fantasy: The Supreme
Court's Reliance on Commutation to
Ensure Justice in Death Penalty
Victoria J. Palacios                          49 Vand. L. Rev. 311 (1996)
Despite unprecedented advances in constitutional protections for
criminal defendants by the Warren and Burger Courts, commutation is essen-
tial to achieving justice in administration of the death penalty. Wrongful or
unjust convictions and sentences, maldistribution of the death penalty, and
the growing belief that fair administration of capital punishment is an
impossible human enterprise give commutation continued importance.
Historically, the commutation power has been viewed as a fail-safe
measure against injustice. The Court and supreme court jurisprudence
reflects an abiding faith that commutation will respond to eliminate injustice,
particularly where the Court denies relief Instead, popular support for the
death penalty, concern over crime, and the erroneous belief that criminal
convictions are error-free have virtually eliminated the use of commutation.
By closing its eyes to the reality of commutation practices, the Court adds to
the growing evidence that it has abandoned its role as protector of the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most