Best of the Capital Defense Journal

Volume 14 (2001-2002)

Ross E. Eisenberg, The Lawyer’s Role When the Defendant Seeks Death
14 Cap. Def. J. 55 (2001)

Examines the ethical and professional obligations of the attorney whose client pleads guilty and asks for death and suggests tactics for lawyers in these situations.

Adrienne N. Barnes, Reverse Victim Impact Testimony
14 Cap. Def. J. 245 (2002)

Addresses “reverse” victim impact statements and how they affect the testifying victim, the Commonwealth and defense counsel.

Cynthia M. Bruce, Proportionality Review
14 Cap. Def. J. 265 (2002)

This article suggests changes to make meaningful Virginia’s statutory proportionality review.

Damien P. DeLaney, Better to Let Ten Guilty Men Live: The Presumption of Life
14 Cap. Def. J. 283 (2002)

Argues that the constitution, Virginia precedent and statutory law mandate that courts instruct juries that it will presume life imprisonment unless the prosecution meets its burden of establishing that the death penalty is necessary.

Kathryn R. Eldridge, Racial Disparities
14 Cap. Def. J. 305 (2002)

Examines and analyzes statistical racial disparities in capital jurisprudence, focusing on the role of race and the jury, jury pools, stereotypes and the effect of race on the decision to charge a crime as capital.

Mythri A. Jayaraman, Rotten Social Background Revisited
14 Cap. Def. J. 327 (2002)

Discusses the role of the defendant’s socioeconomic status and childhood upbringing in the context of a criminal trial, in light of Williams v. Taylor.