… In this essay, Professor Stephen P. Garvey presents and examines data from the Project
relating to the importance jurors attach to various aggravating and mitigating factors. The results …

Many creative punishments qualify as “shaming penalties.” They require an offender to
publicize his offense to an audience that under normal circumstances would be unaware of it; …

… In this Article, Professor Stephen Garvey argues that punishment in such a community …
Compared to this account of punishment, which Garvey calls "punishment as atonement," other …

Everyone noticed it. He killed over one hundred people, but not once did he show any sign
of remorse. More than anything else perhaps, observers of Timothy McVeigh noticed that he …

Under Simmons v. South Carolina, a capital defendant who, if not sentenced to death, will
remain in prison with no chance of parole is constitutionally entitled to an instruction inforning …

Determining whether race, sex, or other juror characteristics influence how capital case
jurors vote is difficult. Jurors tend to vote for death in more egregious cases and for life in less …

… l2An earlier version of this argument can be found in Stephen P. Garvey, Punishment as …
, supra note 12, at 1812 ("[S]hame forms no part of the atonement model."), with Stephen P. …

… In this Article, Professor Garvey surveys the emotional economy of capital sentencing, … jury
instructions based upon that distinction); Stephen P. Garvey, "As the Gentle Rain from Heaven"…

ARTICLES Page 1 ARTICLES Freeing Prisoners' Labor Stephen P. Garvey* Although labor
was central to the internal life of the early penitentiary, it has virtually vanished from today's …

Our constitutional law of capital sentencing does not understand Shakespeare's" gentle rain
from heaven."'Mercy confuses and befud-dles it. The jury that sentenced Albert Brown to …