Document Type

Article

Publication Date

2019

Keywords

capital punishment, death penalty, Eighth Amendment, deterrence, retribution, delay

Abstract

This article uses Kansas as a case study to show how in Kansas, as in many other states in the United States, the execution of a death sentence is so improbable, and the delays that precede it so extraordinary, that any arguable deterrent or retributive effect capital punishment might once have had has been severely diminished. This article considers possible reforms to the capital punishment system aimed at reducing the delay between sentencing and execution, and the risks that would accompany those reforms. This article also considers whether capital punishment should still be considered a viable option for states in this position.

Comments

This article has been published as:

Memmer, A. M., Worsley, M. K., & Rowe, B. I. (2019). The long wait for an improbable death: A look at delays in executions in Kansas and possible reforms to capital punishment. Criminal Law Bulletin, 55(2), 179-204.

This is an Accepted Manuscript of an article published by Thomson Reuters/West in Criminal Law Bulletin in Vol. 55, available at https://store.legal.thomsonreuters.com

Amy M. Memmer, Melanie K. Worsley, & Brenda I. Rowe, The long wait for an improbable death: A look at delays in executions in Kansas and possible reforms to capital punishment, Criminal Law Bulletin, 55(2), pp. 179-204. Copyright © 2019 Thomson Reuters/West.

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