COMMONSENSE JUSTICE AND CAPITAL-PUNISHMENT - PROBLEMATIZING THE WILL OF THE PEOPLE

This article examines the operation of commonsense justice in the cont ext of capital jurisprudence, It explores the potentially problematic nature of contemporary commonsense-especially its complex origins, its sometimes questionable validity, and the increasingly diverse and oft en conflicting constituencies from which it comes. Capital jurispruden ce is taken as an especially important area of criminal law where the commonsense views of citizens are essential in guaranteeing just outco mes, but where existing legal mechanisms and procedures often worsen r ather than improve upon the sometimes erroneous beliefs of key decisio n makers-voters and capital jurors.