Abstract: On May 10, 2011, in Harrison v. Gillespie, the U.S. Court of Appeals for the Ninth Circuit held that defendants do not have a per se constitutional right to poll the jury before a trial judge declares a mistrial. Further, the court held that the Double Jeopardy Clause does not preclude a court from considering the death penalty as a potential sentence on retrial. This Comment argues, however, that in doing so, the court made it more likely that capital defendants will receive the death penalty, because a fresh jury may impose the death penalty, even though the previously discharged jury merely deadlocked over which lesser included punishment to impose.
Volume LVI Board of Editors Announced
We are pleased to announce the Board of Editors for the 2014-2015 academic year: Volume 56 Board of Editors […]
BCLR Releases Vol. LV No. 2
The Boston College Law Review is pleased to publish the March 2014 issue. Here are summaries of this issue’s Articles and […]
BCLR Moves to # 25 in Law Journal Rankings
The Boston College Law Review has moved from #26 to #25 in the annual Washington and Lee University School of Law Law […]