NCJ Number
142609
Journal
New England Journal on Criminal and Civil Confinement Volume: 19 Issue: 1 Dated: (Winter 1993) Pages: 1-60
Date Published
1993
Length
60 pages
Annotation
Death penalty law has evolved rapidly over the past 25 years; because of the complexity of the legal and moral issues involved, the Supreme Court has been increasingly willing to entertain amicus curiae briefs that serve to present a vision of the world beyond that which the parties directly involved can provide.
Abstract
This article examines amicus curiae participation in the 79 capital punishment cases decided by the Court between 1963 and 1989. These cases now constitute the bulk of modern death penalty jurisprudence of the Supreme Court. The author focuses on the frequency with which amicus curiae briefs were filed and names those individuals, government agencies, and organizations that have joined and filed the briefs. Through an examination of citation practices and through a qualitative analysis, the author evaluates the impact that the amici have had upon the Court's death penalty decisions. The findings suggest that repeat players and coalitions of amici are more effective in catching the attention of the Court and bringing forth previously unconsidered arguments. The NAACP Legal Defense and Education Fund (LDF) has been a premier repeat player in death penalty cases, representing parties or submitting briefs in 40 percent of the Court's capital punishment decisions. In the mid-1980's, the Washington Legal Foundation emerged as a principal organization representing the conservative viewpoint. 297 notes