Publications & Resources

Search TCP documents by typing a keyword (e.g., author, document title, etc.) into the search box and hitting the search button. Refine your results by selecting from the issues, material types, date range, and committee options listed. You can also browse recent publications and resources below.

Search by Keyword


Browse by Issue(s)

  Checks & Balances
  Constitutional Amendments
  Judicial Independence
  Separation of Powers
  War Powers

  Counter-Terrorism Policies & Practices
  Detention & Prosecution of Terrorist Suspects
  Material Support of Terrorist Organizations

  Criminal Discovery Reform
  Data Collection & Privacy
  Data Mining
  Fusion Centers

  Death Penalty
  DNA Collection
  Government Surveillance & Searches
  Border Searches of Electronic Devices
  Cybersecurity
  Domestic Spying & FISA
  Location Tracking & ECPA
  Patriot Act
  Video Surveillance
  Watch Lists

  Immigration Reform
  Policing Reform
  Militarization of Police
  Body-worn Cameras

  Right to Counsel
  Sentencing Reform
  Transparency & Accountability
  Classification & Secrecy
  Controlled Unclassified Information
  Open Government
 Privacy & Civil Liberties Oversight Board
  State Secrets Privilege

Browse by Material Type(s)
Browse by Date Range
Browse by Committee(s)
*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

Search Results

Mandatory Justice: The Death Penalty Revisited
Recommending a series of reforms to address errors and injustices in state and federal application of the death penalty that undermine public confidence in the criminal justice system.
Amicus Brief in Roper v. Simmons (U.S. Supreme Court, Merits Stage)
Arguing that there is some age below which a juvenile's crimes can never be constitutionally punished by death, that contemporary standards of decency decry the execution of a person who were younger than 18 at the time of the crime, and that bedrock principles of capital jurisprudence also require a categorical exemption for juveniles under 18.
Amicus Brief in Roper v. Simmons (U.S. Supreme Court, Merits Stage)
Arguing that there is some age below which a juvenile's crimes can never be constitutionally punished by death, that contemporary standards of decency decry the execution of a person who were younger than 18 at the time of the crime, and that bedrock principles of capital jurisprudence also require a categorical exemption for juveniles under 18.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Merits Stage)
Federal and State Government Officials arguing that the petitioner's death sentence be set aside because the prosecution’s use of perjured testimony in this case was prejudicial and thus denied petitioner due process and defense counsel’s ineffective performance during the penalty phase also was prejudicial, thereby depriving petitioner of his Sixth Amendment right to effective assistance.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Merits Stage)
Federal and State Government Officials arguing that the petitioner's death sentence be set aside because the prosecution’s use of perjured testimony in this case was prejudicial and thus denied petitioner due process and defense counsel’s ineffective performance during the penalty phase also was prejudicial, thereby depriving petitioner of his Sixth Amendment right to effective assistance.
Amicus Brief in Wiggins v. Smith (U.S. Supreme Court, Cert. Stage)
Arguing that the Court of Appeals of Maryland unreasonably applied Supreme Court precedent from Strickland v. Washington to the facts in this case, counsel's performance was deficient under Strickland by failing to conduct a sufficient investigation into potential mitigating evidence, and Wiggins case was prejudiced by the failure to investigate and introduce the mitigating evidence.
Amicus Brief in Wiggins v. Smith (U.S. Supreme Court, Cert. Stage)
Arguing that the Court of Appeals of Maryland unreasonably applied Supreme Court precedent from Strickland v. Washington to the facts in this case, counsel's performance was deficient under Strickland by failing to conduct a sufficient investigation into potential mitigating evidence, and Wiggins case was prejudiced by the failure to investigate and introduce the mitigating evidence.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Cert. Stage)
Former Judges, Prosecutors, and other Public Officials arguing that unfairness in capital prosecutions undermines public confidence in the capital punishment system, discloure of exculpatory or impeachment evidence is essential to ensure fundamental fairness in capital cases, and the integrity of the capital sentencing process depends on adequate representation at each stage of the proceedings.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Cert. Stage)
Former Judges, Prosecutors, and other Public Officials arguing that unfairness in capital prosecutions undermines public confidence in the capital punishment system, discloure of exculpatory or impeachment evidence is essential to ensure fundamental fairness in capital cases, and the integrity of the capital sentencing process depends on adequate representation at each stage of the proceedings.
Mandatory Justice: Eighteen Reforms to the Death Penalty
Recommending the creation of safeguards to ensure effective counsel, prohibit execution in cases involving questionable categries of defendants and homicides, expand and explain life without parole, safeguard racial fairness, review proportionally, provide protection against wrongful sentencing and conviction, and interpret role of judges, juries, and prosecutors.
Donate Now

US Constitution

Upcoming Events