Cruel and Unusual: The Supreme Court and Capital Punishment

By Michael Meltsner | Go to book overview

11
Maxwell (Continued)

The Maxwell v. Bishop reargument was finally rescheduled for May 4, 1970. Although the Court consisted of only eight Justices, it would still take a majority of five to decide the case in Maxwell's favor. If, as LDF lawyers had speculated, Warren, Fortas, Brennan, Douglas, and Marshall once had been the ingredients of a favorable majority, now with Warren and Fortas gone, Maxwell would lose unless he found two new votes. And even if Stewart were part of an earlier majority, another vote was still necessary to win. If the Court were split 4 to 4 in this case, it could, of course, grant review in still another case and reconsider the standards and single-verdict issues the following term. Such a move would prolong the moratorium for at least six months but it did not promise ultimate success, for Justice Blackmun, who would be able to sit on the next case, was likely to reject the contentions at issue.

The second round of argument in Maxwell presented Amsterdam with several perplexing problems. First, he had to handle the hot potato that had been raised during the 1969 argument concerning the application of the Wither- spoon rule to the case. An examination of the 1962 trial record had turned up evidence that seven prospective jurors had voiced opposition to the death penalty in only general

-199-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Cruel and Unusual: The Supreme Court and Capital Punishment
Table of contents

Table of contents

  • Title Page iii
  • Contents ix
  • Preface xi
  • 1 - The Fund 3
  • 2 - The Court 20
  • 3 - The Facts of Death 45
  • 4 - The Strategy Unfolds 60
  • 5 - The Race Factor 73
  • 6 - Moratorium 106
  • 7 - Simon's Frolic 126
  • 8 - Maxwell 149
  • 9 - Boykin 168
  • 10 - Haynsworth, Carswell, and Blackmun 186
  • 11 - Maxwell (Continued) 199
  • 12 - Taking Stock 214
  • 13 - If the Death Penalty Is to Be Retained at All 229
  • 14 - Powell and Rehnquist 253
  • 15 - Closing In 266
  • 16 - Cruel and Unusual 286
  • Index 329
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 342

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.