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Capital Punishment: Summary of Supreme Court Decisions of the 1998-99 Term (CRS Report for Congress)

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Release Date Oct. 21, 1999
Report Number RS20369
Report Type Report
Authors Paul S. Wallace, Jr., American Law Division
Source Agency Congressional Research Service
Summary:

The most significant capital punishment cases decided by the Supreme Court during the 1998-99 term did very little in terms of reversing the lower courts where the petitioners were the defendants at the trial level. (1) Significantly, among these cases, the Court settled splits in the circuits on issues of statutory interpretation and other trial-related issues. The Court also made clear that withholding an element of an offense from a jury's consideration can be a harmless error. In the Strickler case, the Court gave some guidance on what "materality" means for purposes of the disclosure rule of Brady v. Maryland. Additionally, the Court took its first look at the new federal death penalty statute. 1.  For additional background materials on the subject, see W. White, Capital Punishment's Future , 91 Mich. L. Rev. 1429, 1429 (1993); D. Schrader, Capital Punishment: Summary of Supreme Court Decisions on the Death Penalty , CRS Report 96-116(pdf) A (Feb. 1, 1996); P. Wallace, Capital Punishment Summary of Supreme Court Decisions During the 1997-98 Term , CRS Report RL30145(pdf) (April 19, 1999).