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"Death and Dixie: How the Courthouse Confederate Flag Influences Capital Cases in Louisiana"

By Douglas A. Berman

The title of this post is the title of this interesting piece available via SSRN authored by two capital lawyers in Louisiana.  Here is the abstract: This article explores the constitutional problems associated with flying the Confederate flag at a death penalty trial in the South.  Specifically, the Confederate flag at Caddo Parish Courthouse, in Shreveport, Louisiana, plays a toxic role in the administration of the death penalty in Shreveport.  Post-Furman, Caddo Parish juries have voted to impose the death penalty on sixteen men and one woman: all but four have been black, and the combination of black-defendant and white victim exponentially increases the likelihood of aggressive prosecution.  The flag?s presence at this courthouse raises unique dangers...continue to full post

Full post as published by Sentencing Law and Policy on January 19, 2011 (boomark / email).