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Criminal Justice

ACS Members and Supporters on Criminal Justice Issues

In December, 2005, ACS distributed Judge Alito and the Death Penalty, in which UC-Berkeley professor and ACS Board of Directors member Goodwin Liu and Lynsay Skiba conclude that Judge Alito "dilute[ed] norms of basic fairness" in capital cases and also note the unsettling implications of Judge Alito's judicial methodology and his ideology for the Court's future jurisprudence relating to the death penalty and the war on terror.

Judge Alito and the Death Penalty

By Goodwin Liu and Lynsay Skiba

In their paper, Liu and Skiba examine in detail the five capital cases in which Judge Alito disagreed with his colleagues during his tenure on the U.S. Court of Appeals for the Third Circuit. Liu and Skiba note that Judge Alito voted to uphold a death sentence in each of these five capital cases. They conclude that, in doing so, Judge Alito "dilute[ed] norms of basic fairness" by taking controversial positions outside-the-mainstream of judicial thought. Finally, they note the unsettling implications of both Judge Alito's judicial methodology and his ideology for the Court's future jurisprudence relating to the death penalty and the war on terror.

Read Liu and Skiba's December 2005 issue brief here.

Remarks by Harold Koh at "War, Terrorism, and Torture" conference on 10/07/2005

2005/10/07 IU-Bloomington conference

Yale Law School Dean Harold Koh's keynote address at the "War, Terrorism, and Torture: Limits on Presidential Power in the 21st Century" conference hosted by Indiana University - Bloomington in October, 2005. Dean Koh poses the question, "Can the President Be Torturer-in-Chief?"



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