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LIRA@BC Law

Abstract

On May 25, 2011, in Beaty v. Brewer, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner’s due process rights do not include the right to notice or to appeal a last-minute change to a state’s method of execution. In doing so, the court established a loophole, permitting states to avoid Eighth Amendment challenges to execution protocols by waiting until the final moment to amend them. This Comment argues that implicit within a prisoner’s right to challenge a state’s method of execution is a due process right to timely notice of changes to that method of execution.

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File nameDate UploadedVisibilityFile size
14.pdf
7 Sep 2022
Public
191 kB

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Metadata

  • Subject
    • Criminal Procedure

  • Journal title
    • Boston College Law Review

  • Volume
    • 53

  • Issue
    • 6

  • Pagination
    • E. Supp. 159

  • Date submitted

    7 September 2022