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date: 22 May 2019

Abstract and Keywords

This article explores the tedious and unsuccessful project of controlling the death penalty through constitutional law. It first studies the problems that have surrounded constitutional jurisprudence since the 1970s, and then addresses the question of whether capital-punishment regimes are likely to meet the general concerns of fairness in process and outcome. Unfortunately, it seems that the problems of politicization and racial discrimination—among others—still are resistant to reform. This article concludes that even the basic requirements for a properly administered capital-punishment regime do not exist—and may never be achieved—in the United States.

Keywords: death penalty, constitutional law, capital-punishment regimes, fairness, racial discrimination, politicization

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