Course Description |
We will study and learn how lawyers approach the trial of a capital case. How has the Supreme Court shaped capital litigation and how do lawyers use the changing constitutional and statutory rules to organize and conduct the defense. The principles and skills we will study will prepare you to participation in complex litigation, not only capital cases. However, we will also deal with the unique challenges of capital litigation, and inquire whether the efforts to rationalize the administration of the death penalty have been successful. We will approach the issues and lawyer decisions from the standpoint of a team of lawyers appointed to represent a capital case defendant. We will also analyze the decline in the number of death verdicts and sentences, and ask how lawyers’ efforts have contributed to this. We will look at the international movement to abolish the death penalty, and discuss the abolition movements in France, South Africa and Japan (in each of which countries Michael Tigar has taught and worked with human rights activists. Michael E. Tigar, the instructor, was a partner at Williams & Connolly and in his own law firm, and has taught at law schools in the US, France, Japan, Switzerland and South Africa. He has been involved in capital case representation in federal and state trial and appellate courts, and in teaching capital case advocacy. He has conducted litigation in more than 20 states and in other countries, and has argued more than 100 federal appeals and seven cases in the U.S. Supreme Court. More information (and an archive of his work) is at https://law.utexas.edu/tigar-event/visit-the-archive/. His memoir is Sensing Injustice (2021).
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