What I want to tell the prof:

 

Differences between Euros and us go back to WWII experience

 

Background on DP.  Almost eliminated by 1970, public pressure against, and then a backlash.

 

38/50, but mostly Texas and a couple other states.  Many have laws, most don’t practice

 

Whittling away at edges.  Mentally incompetent, juveniles.

 

Amnesty program in Illinois and innocence project

 

Opposition arguments more focused than a general objection

 

Systematic impact of election of judges

 

Do juries matter?

 

Racism in seeking and applying DP

 

Soft power of EU.  Influences applicant countries who want in club, pressure on us

 

Is growth in number of non DP countries just a function of break up of Soviet Union, Yugos, etc.

 

Did court get ahead of game in 1972?  .cf civil rights movement

 

Legal realism and DP.  Would you want to be on trial for your life in Frank’s world?

 

Can’t resolve issue from absolutes.  Way to go is around the edges, on things most people can agree upon

 

 

8:29-8:38