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We Can Neither Confirm Nor Deny—Nor Execute: Applying the Heightened Reliability Standard in Death Penalty Cases with Classified Evidence

We Can Neither Confirm Nor Deny—Nor Execute: Applying the Heightened Reliability Standard in Death Penalty Cases with Classified Evidence

by Simone Oberschmied | Jan 31, 2025 | Capital Punishment, Criminal Justice

I. Introduction   In 1976 the Supreme Court reestablished the death penalty following a four-year moratorium. In Gregg v. Georgia, the Court held that the death penalty was constitutional when proceedings had safeguards to prevent arbitrary or discriminatory...

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