Latest Case: Commonwealth v. Walters (Civil Rights)

Narrow Debate About the Death Penalty

SHERRY F. COLB

In light of the federal government’s resumption of executions, Cornell law professor Sherry F. Colb describes some of the common arguments of proponents and opponents of capital punishment. Colb observes that many of the moral arguments are based on a consequentialist perspective and suggests that a deontological perspective might lead to novel arguments and considerations about the death penalty.

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Commonwealth v. Walters

Docket: SJC-11769

Opinion Date: July 23, 2020

Judge: Barbara A. Lenk

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court affirmed Defendant's conviction for murder in the first degree, holding that there was no prejudicial error in the proceedings below, and there was no reason for the Court to exercise its authority under Mass. Gen. Laws ch. 278, 33E to reduce the verdict or to order a new trial. Specifically, the Supreme Judicial Court held (1) the motion judge did not err in denying Defendant's motion to suppress his statement to the police; (2) an indisputably gruesome photograph should not have been admitted into evidence, but there was no cause to disturb the verdict; (3) there was no error in the absence of a sua sponte instruction on lost evidence; (4) the judge did not err in admitting into evidence two knives; (5) certain statements in the prosecutor's closing argument were improper, but the improprieties did not require a new trial; and (6) there were no grounds on which to reduce the degree of guilt or to order a new trial.