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Prof. Russell G. Murphy,
3 credits day; 3 credits evening.
Capital punishment is one of the most significant issues in international human rights law. This
seminar will explore the death penalty from a variety of viewpoints, both national and
international. It will start with foundational readings and discussions on United States death
penalty policy. Major criticisms of capital punishment will be reviewed. Consideration will also
be given to the debate in the US Supreme Court over the propriety of relying on international law
in US constitutional interpretation. Key Court decisions will be examined. Focus will then shift
to the international legal context including foreign court decisions, actions of international
bodies, the International Covenant on Civil and Political Rights and related international treaties,
the UN Moratorium, and trends in Europe. An integrating question will be: can international law
and practice support an argument for abolishing the death penalty in the US because capital
punishment is no longer consistent with "evolving standards of decency" in American society.
Students will be expected to engage in significant independent study. Grades will be based on in-
class participation, assigned research, and a presentation. The course can satisfy the Writing
Requirement with Professor Murphy‘s permission.
Enrollment is limited: 20
Elective Course
On List of Recommended Perspectives Courses
Meets International Law Concentration Requirements
May Fulfill Legal Writing Requirement
Final Project Required
LLM Course
International Human Rights Survey