Repudiating the Narrowing Rule in Capital Sentencing.

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  • Additional Information
    • Subject Terms:
    • Subject Terms:
    • Abstract:
      This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the "narrowing" rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has since Furman v. Georgia about the problem of inequality that has continued to pervade capital selection. If the Court remains unwilling to strike down unequal death-penalty systems, it should acknowledge the inequality and explain that the problem addressed by the Eighth Amendment is not inconsistency but retributive excess. [ABSTRACT FROM AUTHOR]
    • Abstract:
      Copyright of Brigham Young University Law Review is the property of Brigham Young University Law School and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
    • Author Affiliations:
      1Frank L. Williams Professor of Criminal Law, Chapman University School of Law
    • ISSN:
      0360-151X
    • Accession Number:
      85445688
  • Citations
    • ABNT:
      HOWE, S. W. Repudiating the Narrowing Rule in Capital Sentencing. Brigham Young University Law Review, [s. l.], v. 2012, n. 5, p. 1477–1522, 2012. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=85445688&custid=s6224580. Acesso em: 29 jan. 2020.
    • AMA:
      Howe SW. Repudiating the Narrowing Rule in Capital Sentencing. Brigham Young University Law Review. 2012;2012(5):1477-1522. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=85445688&custid=s6224580. Accessed January 29, 2020.
    • APA:
      Howe, S. W. (2012). Repudiating the Narrowing Rule in Capital Sentencing. Brigham Young University Law Review, 2012(5), 1477–1522. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=85445688&custid=s6224580
    • Chicago/Turabian: Author-Date:
      Howe, Scott W. 2012. “Repudiating the Narrowing Rule in Capital Sentencing.” Brigham Young University Law Review 2012 (5): 1477–1522. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=85445688&custid=s6224580.
    • Harvard:
      Howe, S. W. (2012) ‘Repudiating the Narrowing Rule in Capital Sentencing’, Brigham Young University Law Review, 2012(5), pp. 1477–1522. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=85445688&custid=s6224580 (Accessed: 29 January 2020).
    • Harvard: Australian:
      Howe, SW 2012, ‘Repudiating the Narrowing Rule in Capital Sentencing’, Brigham Young University Law Review, vol. 2012, no. 5, pp. 1477–1522, viewed 29 January 2020, .
    • MLA:
      Howe, Scott W. “Repudiating the Narrowing Rule in Capital Sentencing.” Brigham Young University Law Review, vol. 2012, no. 5, Nov. 2012, pp. 1477–1522. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=85445688&custid=s6224580.
    • Chicago/Turabian: Humanities:
      Howe, Scott W. “Repudiating the Narrowing Rule in Capital Sentencing.” Brigham Young University Law Review 2012, no. 5 (November 2012): 1477–1522. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=85445688&custid=s6224580.
    • Vancouver/ICMJE:
      Howe SW. Repudiating the Narrowing Rule in Capital Sentencing. Brigham Young University Law Review [Internet]. 2012 Nov [cited 2020 Jan 29];2012(5):1477–522. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=a9h&AN=85445688&custid=s6224580