CHAPTER SEVEN: JUSTICE DENIED
1 We found court records revealing ... Giglio v. United States, 405 U.S. 150 ( 1972 ); Mooney
v. Holohan, 294 U.S. 103 ( 1935 ).
2 Some states authorized the family ... Peggy M. Tobolowsky, “Victim Participation in the
Criminal Justice Process: Fifteen Years after the President’s Task Force on Victims of
Crime,” New England Journal on Criminal and Civil Confinement 25 ( 1999 ): 21 , available at
http://heinonline.org/HOL/Page?handle=hein.journals/nejccc 25 &div= 7 &g_sent=
1 &collection=journals, accessed April 30 , 2014.
3 Thirty-six states enacted laws ... Booth v. Maryland, 482 U.S. 496 , 509 n 12 ( 1987 ).
4 The Court agreed ... Booth v. Maryland, 482 U.S. 496 , 506 n 8 (“We are troubled by the
implication that defendants whose victims were assets to their community are more
deserving of punishment than those whose victims are perceived to be less worthy”).
5 The Court’s decision was widely criticized ... Payne v. Tennessee, 501 U.S. 808 , 827
( 1991 ) (“A State may legitimately conclude that evidence about the victim and about the
impact of the murder on the victim’s family is relevant to the jury’s decision as to whether
or not the death penalty should be imposed”).
6 States found countless ways ... Tobolowsky, “Victim Participation,” 48 – 95.
7 Some states made executions ... Michael Lawrence Goodwin, “An Eyeful for an Eye—An
Argument Against Allowing the Families of Murder Victims to View Executions,” Brandeis
Journal of Family Law 36 ( 1997 ): 585 , available at http://heinonline.org/HOL/Page?
handle=hein.journals/branlaj 36 &div= 38 &g_sent= 1 &collection=journals, accessed April
30 , 2014.
8 Megan’s Law, for example ... Scott Matson and Roxanne Lieb, “Megan’s Law: A Review
of State and Federal Legislation,” Washington State Institute for Public Policy (October
1997 ), available at http://www.wsipp.wa.gov/rptfiles/meganslaw.pdf, accessed June 13 , 2013.
9 Press coverage hyped the personal nature ... Chris Greer and Robert Reiner, “Mediated
Mayhem: Media, Crime, Criminal Justice,” in The Oxford Handbook of Criminology, ed.
Mike Maguire, Rodney Morgan, and Robert Reiner (New York: Oxford University Press,
2002 ), 245 – 78.10 The study conducted for that case ... McCleskey v. Kemp, 481 U.S. 279 , 286 ( 1987 ),
citing David C. Baldus et al., “Comparative Review of Death Sentences: An Empirical
Study of the Georgia Experience,” Journal of Criminal Law and Criminology 74 ( 1983 ): 661.
11 In Alabama, even though 65 percent ... American Bar Association, “Evaluating Fairness
and Accuracy in State Death Penalty Systems: The Alabama Death Penalty Assessment
Report” (June 2006 ), available at http://www.americanbar.org/content/dam/aba/migrated/
moratorium/assessmentproject/alabama/report.authcheckdam.pdf, accessed June 14 ,
2013.
12 Black defendant and white victim pairings ... McCleskey v. Kemp, 481 U.S. 286 – 87 ,
citing Baldus et al., “Comparative Review”; U.S. General Accounting Office, Death Penalty