Capital Punishment Guide

Key Resources

Connecticut Practice Book
1A §23-22 The petition 1A §23-23 Return of noncomplying petition 1A §23-24 Preliminary consideration of judicial authority 1A §23-25 Waiver of filing fees and costs of service 1A §23-26 Appointment of counsel 1A §23-27 Venue for habeas corpus 1A §23-28 Transfer of habeas corpus 1A §23-29 Dismissal 1A §23-30 The return 1A §23-31 Reply to the return 1A §23-32 Amendments 1A §23-33 Request for a more specific statement 1A §23-34 Summary procedures for habeas corpus petitions 1A §23-35 Schedule for filing pleadings 1A §23-36 The expanded record 1A §23-37 Summary judgment in habeas corpus 1A §23-38 Discovery in habeas corpus 1A §23-39 Depositions in habeas corpus 1A §23-40 Court appearance in habeas corpus 1A §23-41 Motion for leave to withdraw appearance of appointed counsel 1A §23-42 Judicial action on motion for permission to withdraw appearance.Includes Rules of Professional Conduct; online and in print - L3 Reading Room
Death Penalty Law Research Guide
DSM (Diagnostic and statistical manual of mental disorders DSM-5)
E-books from the DSM library via Psychiatry Online (Yale subscription) - also available in print through YUL
Relevant Connecticut Homicide Statutes
(pdf)
Summaries of United States Supreme Court Capital Cases
(pdf)

Statutes & Forms

Connecticut

Capital Punishment in Connecticut
A page of resources from the Connecticut State Library which contain links to specific statutes, legislative history, and recent case law dealing explicitly with capital punishment in Connecticut.; also available in print in the L3 Reading Room
Connecticut General Statutes
C.G.S.A. §52-466 Application for writ of habeas corpus. Service. Return.C.G.S.A. §52-467 Punishment for refusal to obey writ or accept copyC.G.S.A. §52-468 Commitment for contempt; application for dischargeC.G.S.A. §52-469 RepealedC.G.S.A. §52-470 Summary disposal of the case. Appeal by person convicted of crimeC.G.S.A. §51-186 Hearing at the Connecticut Correctional Institution, Somers
Connecticut Practice Book
1A §23-22 The petition 1A §23-23 Return of noncomplying petition 1A §23-24 Preliminary consideration of judicial authority 1A §23-25 Waiver of filing fees and costs of service 1A §23-26 Appointment of counsel 1A §23-27 Venue for habeas corpus 1A §23-28 Transfer of habeas corpus 1A §23-29 Dismissal 1A §23-30 The return 1A §23-31 Reply to the return 1A §23-32 Amendments 1A §23-33 Request for a more specific statement 1A §23-34 Summary procedures for habeas corpus petitions 1A §23-35 Schedule for filing pleadings 1A §23-36 The expanded record 1A §23-37 Summary judgment in habeas corpus 1A §23-38 Discovery in habeas corpus 1A §23-39 Depositions in habeas corpus 1A §23-40 Court appearance in habeas corpus 1A §23-41 Motion for leave to withdraw appearance of appointed counsel 1A §23-42 Judicial action on motion for permission to withdraw appearance.Includes Rules of Professional Conduct; online and in print - L3 Reading Room
Guide to Connecticut Legislative History
A brief guide to explaining how to locate legislative history documents at the Connecticut State Library
How to Compile Connecticut Legislative Histories
Online from the CT General Assembly

Federal

Federal Judicial Center : Resources for Managing Capital Cases
The Federal Judicial Center assists federal judges with case management issues in capital cases. The site contains numerous sample forms and resources for federal death-penalty prosecutions and capital habeas cases.
United States Code
L3 Reading Room
United States Code Annotated
L3 Reading Room
United States Code Service
(1972-Present): “Notes to Uncodified Laws and Treaties” - L3 Reading Room28 U.S.C. §1446 Procedure for removal (from state to federal court)28 U.S.C. §2241 Power to grant writ28 U.S.C. §2242 Application28 U.S.C. §2243 Issuance of writ; return; hearing; decision28 U.S.C. §2244 Finality of determination28 U.S.C. §2245 Certificate of trial judge admissible in evidence28 U.S.C. §2246 Evidence; depositions; affidavits28 U.S.C. §2247 Documentary evidence28 U.S.C. §2248 Return or answer; conclusiveness28 U.S.C. §2249 Certified copies of indictment, plea and judgment; duty of respondent28 U.S.C. §2250 Indigent petitioner entitled to documents without cost28 U.S.C. §2251 Stay of state court proceedings28 U.S.C. §2252 Notice28 U.S.C. §2253 Appeal28 U.S.C. §2254 State custody, remedies in federal court28 U.S.C. §2255 Federal custody; remedies on motion attacking sentence

Treatises & Practice Manuals

Capital Punishment
Edited with an introduction by Margery B. Koosed (part of a series in Controversies in Constitutional Law) (1996) - L4
Cases and Materials on the Death Penalty
Rivkind, Nina (2009) - L4
Constitutional Rights of the Accused: Post-Trial Rights
Cook, Joseph G. (1976) - L4
Criminal Justice 2000
U.S. Department of Justice (2000) - L4
Death Penalty USA 2005 - 2006
Delfino, Michelangelo and Mary E. Day. (contains case histories of yearly executions)
Federal Criminal Law and Procedure
Zoline, Elijah N. (1921) - L4
Wharton's Criminal Law
Torcia, Charles E. (1978, 1996) - L4

Forensic Science Resources

A Litigator's Guide to DNA: from the Laboratory to the Courtroom
Michaelis, Ron C., Robert G. Flanders, and Paula H. Wulff (2008) - L4
Forensic Resources
Portal to forensic science resources on the web
Law Library Resources on Criminal Identification
Open Directory: Forensic Science
Web directory of links to Forensic Science resources
Pathology for Litigators
77 Am. Jur. Trials 407 (2008)
United States Medicolegal Autopsy Laws
Wecht, Cyril H. (1989) - L4
Westlaw's Medical Litigator Database
Links to an array of medical journals and guides

Social Science Resources & Government Statistics & Data

Social Science Databases

Academic Search (EbscoHOST)
Popular and scholarly material - subscription database with access to Yale community only
JSTOR

JSTOR is a fully-searchable database containing the back issues of scholarly journals in history, economics, political science, demography, mathematics and other fields. These journals are fully searchable.

Access: IP Address
PsychINFO (Ovid)
International coverage of professional and academic literature - subscription database with access available to the Yale community only
PsycINFO (EbscoHOST)
International coverage of professional and academic literature - subscription database with access to Yale community only
Social Science Full Text
indexes and abstracts articles plus full text of selected periodicals - subscription database with access available to Yale community only
Social Science Research Network
(SSRN)

The Social Science Research Network (SSRN) provides researchers with opportunities for networking worldwide via specialized research sub-networks that encourages the early distribution of research results by publishing submitted abstracts and by soliciting abstracts of top quality research papers around the world. SSRN now has hundreds of journals, publishers, and institutions that provide abstracts of accepted papers and working papers for publication in SSRN's email based abstracting journals. SSRN also delivers electronic copies of the full text of papers for authors that wish to deliver their documents over the internet.

Access: IP & Password
Social Sciences Citation Index
Access to bibliographic information, author abstracts, and references from over 8,500 research journals - subscription database with access available to Yale community only
Sociological Abstracts
Indexes and abstracts articles, books, book chapters, etc. - subscription database with access available to the Yale community only

Government Resources

Bureau of Justice Statistics
Includes a link to BJS publications, which summarizes the movement of prisoners into and out of death sentence status during the year - many stats, including Prisons & Expenditures
Connecticut Agencies
Connecticut Department of Children and Families Reports and Data Index
Includes reports on psychological evaluations, facilities, child fatalities in Connecticut and more
Connecticut Freedom of Information Act
Available in both html and pdf
Connecticut Freedom of Information Commission
Note: There are no required forms that a person requesting access to public records must use to make requests. However, a Connecticut agency may ask a person requesting copies of public records to complete a form prepared by the agency.
Freedom of Information Act (FOIA)
Obtaining open records
GPO Access
The federal government portal to free government information - U.S. Code, C.F.R., Fed. Reg., other free government information
National Center for State Courts (NCSC)
National Criminal Justice Reference Service (NCJRS)
NCJRS hosts one of the largest criminal and juvenile justice libraries and databases in the world, the NCJRS Abstracts Database. The collection, with holdings from the early 1970s to the present, contains more than 205,000 publications, reports, articles, and audiovisual products from the United States and around the world. These resources include statistics, research findings, program descriptions, congressional hearing transcripts, and training materials.
NCSC Family Courts Resource Guide
Sourcebook for Criminal Justice Statistics
1973-current - UES; the Sourcebook brings together data from more than 100 sources about many aspects of criminal justice (including juvenile justice) in the United States. Topics include: criminal justice characteristics; public opinion; types of crime; victims; arrests and seizures; courts, prosecution, sentencing; and parole, jails, prisons and death penalty.
U.S. Census Bureau

Research Tips for Finding Government Reports

MORRIS
Search by title, keyword, or subject heading.
ORBIS
Yale University Catalog contains bibliographic records of books and other materials available through the Yale University libraries. Search by title, keyword, or subject heading.
Search MORRIS by Keyword
Yale Law School's Catalog contains bibliographic records of books, databases, and other materials available through the law library.--For law-related reports/studies
Search the GPO Catalog
Search by keyword etc. for U.S. Government information products (once individual reports are located, search in Orbis or MORRIS)

Sentencing Mitigation Resources

Aggravation and Mitigation in Capital Cases: What do Jurors Think?
Garvey, Stephen P., 98 Colum. L. Rev. 1538, 1539 (1998) - for information on the most (and least) persuasive mitigating factors
Circumstances surrounding the crime
Consult the Forensic Science Resources links
DSM-IV-TR casebook [electronic resource]
A learning companion to the Diagnostic and statistical manual of mental disorders (e-book); published by the American Psychiatric Association, the DSM is particularly useful for cognitive disorders, substance disorders, and psychotic disorders. Note that the DSM has been updated to the current edition of DSM-5.
Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases
ABA (2003) - (pdf)
Imposition of sentence for capital felony
Conn. Gen. Stat. 53a-46a (2008) - available on Lexis
Mental Disorder as an Exemption from the Death Penalty: The ABA-IRR Task Force Recommendations
Slobogin, Christopher - 544 Cath. U. L. Rev. 1133 (2005); information on why diminished mental capacity should be a mitigating factor can be found in law journals
Mental Health and Expert Manual
Among its many uses, the manual contains information on locating mental health experts, mitigation interviews, and a bibliography on Mental Health and the Law.
Mental Retardation and Diminished Mental Capacity
Look for resources for litigators in Westlaw's AMJUR-TRIALS database. In this instance, resources for determining mental retardation, mental retardation evidentiary hearings and trials, the question of malingering, as well as debates about the Age of Onset requirements, can all be found in Capital Cases Involving Mental Retardation, 93 Am. Jur. Trials 1 (2008). Consult Lexis's Total Litigator Database for medical research and search by injury/disorder. While many jurisdictions consider diminished mental capacity to be a mitigating factor in capital cases, many lawyers have reported that jurors actually perceive it to be an aggravating factor. Consult medical journals about the rates of recidivism among mentally ill. Yale provides access to a number of useful journals electronically, including the Journal of Psychiatry & Law.
Mental Retardation: Definition, Classification, and Systems of Supports
Published by the American Association on Intellectual and Developmental Disabilities (previously American Association on Mental Retardation) (2002) - on reserve at Medical Library
Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases
ABA (2008) - (pdf)
Violence and the Capital Jury: Mechanisms of Moral Disengagement and the Impulse to Condemn to Death
Haney, Craig - 49 Stan. L. Rev. 1447 (1997)

Death Penalty Centers & Clinics

Baze v. Rees Resource Kit
Capital Defense Weekly
Provides updates on cases and scheduled executions and links to legal information in a blog format
Center on Wrongful Convictions
From Northwestern Law
Lethal Injection.Org
From Boalt Hall - includes the Baze v. Rees Resource Kit
Southern Center for Human Rights
The Innocent Network Amicus Brief Bank
Contains numerous briefs filed by the Innocence Project
Virginia Capital Case Clearinghouse
From Washington and Lee

Responsibilities of a Capital Defense Attorney

Baze v. Rees Resource Kit
Capital Defense Weekly
Provides updates on cases and scheduled executions and links to legal information in a blog format
Center on Wrongful Convictions
From Northwestern Law
Litigating in the Shadow of Death
White, Welsh - Chapter 2
The Innocent Network Amicus Brief Bank
Contains numerous briefs filed by the Innocence Project
Virginia Capital Case Clearinghouse
From Washington and Lee

Stephen Bright Bibliography

Capital Punishment

Death Penalty and the Society We Want, The The Death Penalty
S.B. Bright
6 Pierce L. Rev. 369 (2008)
Failure to Achieve Fairness: Race and Poverty Continue to Influence Who Dies, The Symposium: Cruel and Unusual Punishment: Litigating under the Eighth Amendment
S.B. Bright
11 U. Pa. J. Const. L. 23 (2008)
Will the Death Penalty Remain Alive in the Twenty-First Century: International Norms, Discrimination, Arbitrariness, and the Risk of Executing the Innocent Address
S.B. Bright
2001 Wis. L. Rev. 1 (2001)
Developing Themes in Closing Argument and Elsewhere: Lessons from Capital Cases Trial
S.B. Bright
27 Litigation 40 (2000)
Death in Texas - Not Even the Pretense of Fairness
S.B. Bright
23 Champion 1 (1999)
Death Penalty Moratorium: Fairness, Integrity at Stake - Speaking out in Favor of the ABA's Position
S.B. Bright
13 Crim. Just. 28 (1998)
Death Penalty as the Answer to Crime: Costly, Counterproductive and Corrupting, The Advocate In Residence
S.B. Bright
36 Santa Clara L. Rev. 1069 (1996)
Conference: The Death Penalty in the Twenty-First Century
S.B. Bright; J.B. Raskin; I.P. Robbins; E. Chikofsky; L. Ekstrand; H.C. Ganson; P.D. Kamenar; et al.
45 Am. U. L. Rev. 239 239 (1995)
Commission Report: Death Penalty on Trial
S.B. Bright; H. Schwarzschild; W.A. Schabas; D. Matas; D.Yvonne Rust-Tierney; B. Frey; N. Walker; et al.
22 Am. J. Crim. L. 272 (1994)

Counsel - The Right to a Lawyer

Lecture on the Right to Counsel
S.B. Bright
(2011)

Vanderbilt Law School, Nov. 9, 2011

Massive Indifference: Routine Violation of the Constitutional Right to Counsel in Death Penalty and Other Criminal Cases

Right to Counsel in Death Penalty and Other Criminal Cases: Neglect of the Most Fundamental Right and What We Should Do About It
S.B. Bright
11 J.L. Soc'y 1 (2010)
neglect.pdf (1.68 MB)
Legal Representation for the Poor: Can Society Afford This Much Injustice Symposium: Broke and Broken: Can We Fix Out State Indigent Defense System: The 2010 Earl F. Nelson Lecture
S.B. Bright
75 Mo. L. Rev. 683 (2010)
The Independence of the American Lawyer: Counsel for Poor Defendants
S.B. Bright
(2010)
counselforpoor.pdf (725.75 KB)

Lecture to the Florida Bar, June 25, 2010

Video interview/podcast with Stephen Bright on Reforming Indigent Defense at American Constitution Society Convention, June 19, 2010.
S.B. Bright
(2010)
Exchange regarding representation of poor people accused of crimes in Georgia
S.B. Bright; A.A. Mickle
Fulton County Daily Report (2008)
Published: April 11, 2008
Turning Celebrated Principles into Reality
S.B. Bright
27 Champion 6 (2003)
Agitator of the Year: Efforts to Create a Public Defender System in Georgia
T. Renaud
Fulton County Daily Report (2003)
Published: December 3, 2003
Neither Equal Nor Just: The Rationing and Denial of Legal Services to the Poor When Life and Liberty Are at Stake Crisis in the Legal Profession: Rationing Legal Services for the Poor
S.B. Bright
1997 Ann. Surv. Am. L. 783 (1997)
Counsel for the Poor: The Death Sentence Not for the Worst Crime but for the Worst Lawyer
S.B. Bright
103 Yale L.J. 1835 (1994)
103yalelj.pdf (3.37 MB)
Death by Lottery--Procedural Bar of Constitutional Claims in Capital Cases Due to Inadequate Representation of Indigent Defendants
S.B. Bright
92 W. Va. L. Rev. (1990)
lottery.pdf (1.21 MB)

Criminal Justice - Generally

Prison Reform in the Era of the Roberts Court
S.B. Bright
(2008)
Is Fairness Irrelevant: The Evisceration of Federal Habeas Corpus Review and Limits on the Ability of State Courts to Protect Fundamental Rights Lecture
S.B. Bright
54 Wash. & Lee L. Rev. 1 (1997)
fairness.pdf (2.11 MB)
Casualties of the War on Crime: Fairness, Reliability and the Credibility of Criminal Justice Systems Essay
S.B. Bright
51 U. Miami L. Rev. 413 (1997)
casualities.pdf (887.79 KB)
Electric Chair and the Chain Gang: Choices and Challenges for America's Future Lecture
S.B. Bright
71 Notre Dame L. Rev. 845 (1996)
electric_chair.pdf (1.35 MB)
Politics of Crime and the Death Penalty: Not Soft on Crime, but Hard on the Bill of Rights, The Essay
S.B. Bright
39 St. Louis U. L.J. 479 (1992)
In Defense of Life: Enforcing the Bill of Rights on Behalf of Poor, Minority and Disadvantaged Persons Facing the Death Penalty
S.B. Bright
57 Mo. L. Rev. 849 (1992)
defense_of_life.pdf (1.51 MB)

Judicial Independence

The Need for Timeliness and Independence to Ensure Fairness and the Appearance of Justice
S.B. Bright; R. Guerra; M. Heiskell; R. Ellis
42 S. Tex. L. Rev. 1015 (2001)
panel2.pdf (2.24 MB)
Elected Judges and the Death Penalty in Texas: Why Full Habeas Corpus Review by Independent Federal Judges Is Indispensable to Protecting Constitutional Rights Symposium: Restructuring Federal Courts
S.B. Bright
78 Tex. L. Rev. (2000)
electedjudges.pdf (714.68 KB)
Breaking the Most Vulnerable Branch: Do Rising Threats to Judicial Independence Preclude Due Process in Capital cases?
S.B. Bright; C.F. Baird; G.H. Kendall; S.F. Hanlon; C.J. Ogletree; P.J. White
31 Colum. Hum. Rts. L. Rev. 123 (1999)
Can Judicial Independence be Attained in the South- Overcoming History, Elections, and Misconceptions about the Role of the Judiciary Symposium: Judicial Review and Judicial Independence: The Appropriate Role of Judiciary
S.B. Bright
14 Ga. St. U. L. Rev. 817 (1998)
Political Attacks on the Judiciary: Can Justice be Done Amid Efforts to Intimidate and Remove Judges from Office for Unpopular Decisions?
S.B. Bright
72 N.Y.U. L. Rev. 308 (1997)
Judges and the Politics of Death: Deciding between the Bill of Rights and the Next Election in Capital Cases
S.B. Bright; P.J. Keenan
75 B.U. L. Rev. 759 (1995)

Racial Discrimination

Term 'boy' is evidence of racial bias
S.B. Bright
Fulton County Daily Report (2010)
term_boy.pdf (55.35 KB)
Published: August 25, 2010
Supreme Court Decision in Snyder v. Louisiana
S. Alito
(2008)
128 S. Ct. 1203, 552 US 472, 170 L. Ed. 2d 175
Oral Argument in Snyder v. Louisiana
S.B. Bright
(2007)
Discrimination, Death and Denial: The Tolerance of Racial Discrimination in Infliction of the Death Penalty Symposium: The Death Penalty: Race, Poverty and Justice
S.B. Bright
35 Santa Clara L. Rev. 433 (1995)
Supreme Court decision in Amadeo v. Zant
T. Marshall
(1988)
486 U.S. 214
Oral argument in Amadeo v. Zant
S.B. Bright
(1987)