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Counsel's Control over the Presentation of Mitigating Evidence During Capital Sentencing

Blakemore, James Michael

Michigan law review, 2013-05, Vol.111 (7), p.1337-1360

Ann Arbor: Michigan Law Review Association

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Título:
Counsel's Control over the Presentation of Mitigating Evidence During Capital Sentencing
Autor: Blakemore, James Michael
Assuntos: Attorneys ; Autonomy ; Capital punishment ; Constitutional amendments ; Criminal justice ; Criminal records ; Criminal sentences ; Criminal sentencing ; Decision making ; Defendants ; Defendants rights ; Empirical evidence ; Evidence ; Extenuating circumstances ; Guilty verdicts ; Juries ; Laws, regulations and rules ; Legal counsel ; Legal defense ; Murders & murder attempts ; Right to counsel ; Sentences (Criminal procedure) ; Stabbings ; Trials ; U.S. states
É parte de: Michigan law review, 2013-05, Vol.111 (7), p.1337-1360
Notas: MICHIGAN LAW REVIEW, Vol. 111, No. 7, May 2013, 1337-1360
Informit, Melbourne (Vic)
Descrição: The Sixth Amendment gives a defendant the right to control his defense and the right to a lawyer's assistance. A lawyer's assistance, however, sometimes interferes with a defendant's control over his case. As a result, the Supreme Court, over time, has had to delineate the spheres of authority that pertain to counsel and defendant respectively. The Court has not yet decisively assigned control over mitigating evidence to either counsel or defendant. This Note argues that counsel should control the presentation of mitigating evidence during capital sentencing. First, and most importantly, decisions concerning the presentation of mitigating evidence are best characterized as strategic, and the Sixth Amendment right to counsel allocates strategic decisions to attorneys. Second, the criminal justice system's need for reliable and legitimate outcomes—a need that reaches its zenith during capital sentencing—outweighs a capital defendant's limited claims to autonomy.
Editor: Ann Arbor: Michigan Law Review Association
Idioma: Inglês

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Counsel's Control over the Presentation of Mitigating Evidence During Capital Sentencing

Blakemore, James Michael

Ann Arbor: Michigan Law Review Association

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