Challenging the Death Penalty Under State Constitutions

Death penalty litigation that reaches the Supreme Court now causes at least as much consternation as hope among opponents of capital punishment. Simply not losing rights that once were considered secure can be tantamount to victory in capital cases decided by the Court,and few defendants and opponents of capital punishment expect much more. It was not always so. Hopes were once high that the Supreme Court, and the federal courts generally, would effectively bring an end to capital punishment in America. That prospect is now remote, at best. Death row populations are sky rocketing and executions are on the rise. Half of the federal judiciary has been appointed by a President who has largely fulfilled his promises to name law and order and strict constructionist judges to the bench.\u27 A majority of the Justices on the Supreme Court have not chosen to give an expansive interpretation to the federal constitution in capital cases. If even a small measure of the success that was enjoyed in the federal courts in the 1960s and early 1970s is to be regained,litigation against the death penalty must reflect different strategies and be pursued in different forums

Life After Sentence of Death: What Becomes of Individuals Under Sentence of Death After Capital Punishment Legislation is Repealed or Invalidated

More than 2500 individuals are now under sentence of death in the United States. At the same time, multiple indicators—public opinion polls, legislative repeal and judicial invalidation of deathpenalty laws, the reduction in new death sentences, and infrequency of executions—suggest that support for capital punishment has significantly eroded. As jurisdictions abandon or consider eliminating the death-penalty, the fate of prisoners on death row—whether their death sentences, valid when imposed, should be carried out or whether these individuals should instead be spared execution—looms as contentious political and legal issues, fraught with complex philosophical, penological, and constitutional questions. This article presents a detailed account of what has happened historically to persons awaiting execution, principally within the United States but also internationally, at the time capital-punishment legislation is repealed or invalidated (either completely, or with respect to a narrow category of crimes or persons). Our analysis has uncovered no instances of executions being carried out under those circumstances. This finding has important policy implications and is directly relevant to the Supreme Court’s Eighth Amendment jurisprudence, which relies on execution practices as one measure to help inform the Court about whether the death penalty is a cruel and unusual punishment

SeaWiFS technical report series. Volume 21: The heritage of SeaWiFS. A retrospective on the CZCS NIMBUS Experiment Team (NET) program

The Sea-viewing Wide Field-of-view Sensor (SeaWiFS) mission is based on the scientific heritage of the Coastal Zone Color Scanner (CZCS), a proof-of-concept instrument carried on the National Aeronautics and Space Administration (NASA) NIMBUS-7 environmental satellite for the purpose of measuring upwelling radiance from the ocean surface. The CZCS mission provided the first observations of ocean color from space, and over the mission lifetime of 1978-1986, allowed oceanographers an initial opportunity to observe the variable patterns of global biological productivity. One of the key elements of the CZCS mission was the formation of the CZCS NIMBUS Experiment Team (NET), a group of optical physicists and biological oceanographers. The CZCS NET was designated to validate the accuracy of the CZCS radiometric measurements and to connect the instrument's measurements to standard measures of oceanic biological productivity and optical seawater clarity. In the period following the cessation of CZCS observations, some of the insight and experience gained by the CZCS NET activity has dissipated as several proposed follow-on sensors failed to achieve active status. The Sea WiFS mission will be the first dedicated orbital successor to CZCS it in turn precedes observations by the Moderate Resolution Imaging Spectroradiometer (MODIS) of the Earth Observing System (EOS). Since the CZCS NET experience is an important model for Sea WiFS and MODIS surface truth efforts, this document is intended to provide a comprehensive review of the validation of oceanographic data for the first orbital ocean color sensor mission. This document also summarizes the history of the CZCS NET activities. The references listed in the Bibliography are a listing of published scientific research which relied upon the CZCS BET algorithms, or research which was conducted on the basis of CZCS mission elements

SeaWiFs Technical Report Series. Volume 34: The Third SeaWiFS Intercalibration Round-Robin Experiment (SIRREX-3), 19-30 September 1994

This report presents results of the third Sea-viewing Wide Field-of-view Sensor (SeaWiFS) Intercalibration Round- Robin Experiment (SIRREX-3), which was held at the San Diego State University (SDSU) Center for Hydro-Optics and Remote Sensing (CHORS) on 19-30 September 1994. Spectral irradiances of FEL lamps belonging to each participant were intercompared by reference to the National Institute of Standards and Technology (NIST) scale of spectral irradiance using secondary standard lamps F268, F269, and F182, with a Type A uncertainty between 1.1-1.5%. This level of uncertainty was achieved despite difficulties with lamp F269. The average spectral irradiances of FEL lamps, compared in both SIRREX-2 and SIRREX-3, differed between the two experiments by 1.5%, which probably indicates that the values assigned to the secondary standard lamp at the time of SIRREX-2 were in error. With two exceptions, spectral radiance values of integrating sphere sources were measured during SIRREX-3 with uncertainties in temporal stability of less than 0.3% and absolute uncertainties of 1.5-2.0%. This is a significant improvement over similar intercomparisons in SIRREX- I and SIRREX-2. Plaque reflectances were intercompared with an uncertainty of about 1-2%, but the absolute uncertainty is undefined. Although this is an improvement over results of previous SIRREXS, the sources and magnitude of uncertainty associated with transfers of spectral radiance using plaques requires further evaluation in future experiments

SeaWiFS technical report series. Volume 32: Level-3 SeaWiFS data products. Spatial and temporal binning algorithms

The level-3 data products from the Sea-viewing Wide Field-of-view Sensor (SeaWiFS) are statistical data sets derived from level-2 data. Each data set will be based on a fixed global grid of equal-area bins that are approximately 9 x 9 sq km. Statistics available for each bin include the sum and sum of squares of the natural logarithm of derived level-2 geophysical variables where sums are accumulated over a binning period. Operationally, products with binning periods of 1 day, 8 days, 1 month, and 1 year will be produced and archived. From these accumulated values and for each bin, estimates of the mean, standard deviation, median, and mode may be derived for each geophysical variable. This report contains two major parts: the first (Section 2) is intended as a users' guide for level-3 SeaWiFS data products. It contains an overview of level-0 to level-3 data processing, a discussion of important statistical considerations when using level-3 data, and details of how to use the level-3 data. The second part (Section 3) presents a comparative statistical study of several binning algorithms based on CZCS and moored fluorometer data. The operational binning algorithms were selected based on the results of this study

SeaWiFS technical report series. Volume 19: Case studies for SeaWiFS calibration and validation, part 2

This document provides brief reports, or case studies, on a number of investigations and data set development activities sponsored by the Calibration and Validation Team (CVT) within the Sea-viewing Wide Field-of-view Sensor (SeaWiFS) Project. Chapter 1 is a comparison with the atmospheric correction of Coastal Zone Color Scanner (CZCS) data using two independent radiative transfer formulations. Chapter 2 is a study on lunar reflectance at the SeaWiFS wavelengths which was useful in establishing the SeaWiFS lunar gain. Chapter 3 reports the results of the first ground-based solar calibration of the SeaWiFS instrument. The experiment was repeated in the fall of 1993 after the instrument was modified to reduce stray light; the results from the second experiment will be provided in the next case studies volume. Chapter 4 is a laboratory experiment using trap detectors which may be useful tools in the calibration round-robin program. Chapter 5 is the original data format evaluation study conducted in 1992 which outlines the technical criteria used in considering three candidate formats, the hierarchical data format (HDF), the common data format (CDF), and the network CDF (netCDF). Chapter 6 summarizes the meteorological data sets accumulated during the first three years of CZCS operation which are being used for initial testing of the operational SeaWiFS algorithms and systems and would be used during a second global processing of the CZCS data set. Chapter 7 describes how near-real time surface meteorological and total ozone data required for the atmospheric correction algorithm will be retrieved and processed. Finally, Chapter 8 is a comparison of surface wind products from various operational meteorological centers and field observations. Surface winds are used in the atmospheric correction scheme to estimate glint and foam radiances

SeaWiFS technical report series. Volume 22: Prelaunch acceptance report for the SeaWFS radiometer

The final acceptance, or rejection, of the Sea-viewing Wide field-of-view Sensor (SeaWiFS) will be determined by the instrument's on-orbit operation. There is, however, an extensive set of laboratory measurements describing the operating characteristics of the radiometer. Many of the requirements in the Ocean Color Data Mission (OCDM) specifications can be checked only by laboratory measurements. Here, the calibration review panel (composed of the authors of this technical memorandum) examines the laboratory characterization and calibration of SeaWiFS in the light of the OCDM performance specification. Overall, the performance of the SeaWiFS instrument meets or exceeds the requirements of the OCDM contract in all but a few unimportant details. The detailed results of this examination are presented here by following the outline of the specifications, as found in the Contract. The results are presented in the form of requirements and compliance pairs. These results give conclusions on many, but not all, of the performance specifications. The acceptance of this panel of the performance of SeaWiFS must only be considered as an intermediate conclusion. The ultimate acceptance (or rejection) of the SeaWiFS data set will rely on the measurements made by the instrument on orbit

SeaWiFS technical report series. Volume 31: Stray light in the SeaWiFS radiometer

Some of the measurements from the Sea-viewing Wide Field-of-view Sensor (SeaWiFS) will not be useful as ocean measurements. For the ocean data set, there are procedures in place to mask the SeaWiFS measurements of clouds and ice. Land measurements will also be masked using a geographic technique based on each measurment's latitude and longitude. Each of these masks involves a source of light much brighter than the ocean. Because of stray light in the SeaWiFS radiometer, light from these bright sources can contaminate ocean measurements located a variable number of pixels away from a bright source. In this document, the sources of stray light in the sensor are examined, and a method is developed for masking measurements near bright targets for stray light effects. In addition, a procedure is proposed for reducing the effects of stray light in the flight data from SeaWiFS. This correction can also reduce the number of pixels masked for stray light. Without these corrections, local area scenes must be masked 10 pixels before and after bright targets in the along-scan direction. The addition of these corrections reduces the along-scan masks to four pixels before and after bright sources. In the along-track direction, the flight data are not corrected, and are masked two pixels before and after. Laboratory measurements have shown that stray light within the instrument changes in a direct ratio to the intensity of the bright source. The measurements have also shown that none of the bands show peculiarities in their stray light response. In other words, the instrument's response is uniform from band to band. The along-scan correction is based on each band's response to a 1 pixel wide bright sources. Since these results are based solely on preflight laboratory measurements, their successful implementation requires compliance with two additional criteria. First, since SeaWiFS has a large data volume, the correction and masking procedures must be such that they can be converted into computationally fast algorithms. Second, they must be shown to operate properly on flight data. The laboratory results, and the corrections and masking procedures that derive from them, should be considered as zeroeth order estimates of the effects that will be found on orbit