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My exploration of the case for an Eighth Amendment bar against executing the long-serving elderly will begin with a review of the representation of the elderly on Americas death rows and a survey of the very limited avenues of relief currently available to them on the basis of age. I will then discuss the attribution problem by asking at whose door should 'fault' for long delays between condemnation and consummation of a capital sentence be laid--the prisoner, the state, or the working through of due process? For many jurists, attribution of fault is critical to resolving the question of whether the long serving of any age should be permitted to exit death row alive. I will then argue that the long-serving elderly should be relieved of both death row confinement and the continuing threat of execution.

Publication Title

Brooklyn Law Review



First Page



Lackey claim, Lackey-for-the-Elderly, Eighth Amendment, Death Penalty



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