Courting Death

Author: Carol S. Steiker,Jordan M. Steiker

Publisher: Harvard University Press

ISBN: 0674737423

Category: History

Page: 390

View: 4044

Refusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.

Courting Death

Author: Carol S. Steiker

Publisher: Harvard University Press

ISBN: 0674974832

Category: Law

Page: 320

View: 497

Refusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.

Cruel and Unusual

The Supreme Court and Capital Punishment

Author: Michael Meltsner

Publisher: Quid Pro Books

ISBN: 1610270975

Category: Law

Page: 276

View: 9054

The true and gripping account of the nine-year struggle by a small band of lawyers to abolish the death penalty in the United States. Its new edition features a 2011 Foreword by death-penalty author Evan Mandery of CUNY's John Jay College of Criminal Justice, as well as a new Preface by the author.The mission, plotted out over lunch in New York's Central Park in the early 1960s, seemed as impossible as going to the moon: abolish capital punishment in every state. The approach would fight on multiple fronts, with multiple strategies. The people would be dedicated, bright, unsure, unpopular, and fascinating. This is their story: not only the cases and the arguments before courts, the death row inmates and their victims, the judges and politicians urging law and order, this is the true account of the real-life lawyers from the inside. The United States indeed went to the moon, and a few years later the U.S. Supreme Court ruled the death penalty unconstitutional. The victory was long-sought and sweet, and the pages of this book vividly let the reader live the struggle and the victory. And while the abolition eventually became as impermanent as the nation's presence on the moon, these dedicated attorneys certainly made a difference. This is their tale.As Evan Mandery writes in his new Foreword, "In these pages, Meltsner lays bare every aspect of his and his colleaguesi thinking. You will read how they handicapped their chances, which arguments they thought would work (you may be surprised), and what they thought of the Supreme Court justices who would decide the crucial cases. You will come to understand what they perceived to be the basis for support for the death penalty, and, with Meltsner's unflinching honesty, what they perceived to be the inconsistencies in their position."Mandery concludes: "It is my odd lot in life to have read almost every major book ever written about the death penalty in America. This is the best and the most important. Every serious scholar who wants to advance an argument about capital punishment in the United States--whether it is abolitionist or in favor of the death penalty, or merely a tactical assessment--cites this book. It is open and supremely accessible." And the author's "constitutional vision was years ahead of its time. His book is timeless." Part of the Legal History and Biography Series from Quid Pro Books, the new ebook editions feature embedded pagination from previous editions (consistent with the new paperback edition as well, allowing continuity in all formats), active TOC and endnotes, and quality digital formatting.

Peculiar Institution

Author: David Garland

Publisher: Harvard University Press

ISBN: 0674058488

Category: History

Page: 432

View: 2486

Why does the United States, alone among Western democracies, still have the death penalty? It's not a new question, but David Garland provides fresh answers from a multilayered analysis...The title hints at the most provocative part of Garland's answer. In American history, the "peculiar institution" is slavery. Anyone who thinks its vestiges were wiped out by the Emancipation Proclamation or civil rights laws should read this book and think again.

Where Justice and Mercy Meet

Catholic Opposition to the Death Penalty

Author: Vicki Schieber,Trudy D. Conway,David Matzko McCarthy

Publisher: Liturgical Press

ISBN: 0814635334

Category: Religion

Page: 248

View: 2162

Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty comprehensively explores the Catholic stance against capital punishment in new and important ways. The broad perspective of this book has been shaped in conversation with the Catholic Mobilizing Network to End the Use of the Death Penalty, as well as through the witness of family members of murder victims and the spiritual advisors of condemned inmates. The book offers the reader new insight into the debates about capital punishment; provides revealing, and sometimes surprising, information about methods of execution; and explores national and international trends and movements related to the death penalty. It also addresses how the death penalty has been intertwined with racism, the high percentage of the mentally disabled on death row, and how the death penalty disproportionately affects the poor. The foundation for the church's position on the death penalty is illuminated by discussion of the life and death of Jesus, Scripture, the Mass, the Catechism of the Catholic Church, and the teachings of Pope John Paul II. Written for concerned Catholics and other interested readers, the book contains contemporary stories and examples, as well as discussion questions to engage groups in exploring complex issues.

Hidden Victims

The Effects of the Death Penalty on Families of the Accused

Author: Susan F. Sharp

Publisher: Rutgers University Press

ISBN: 9780813535845

Category: Law

Page: 224

View: 3793

"Sharp's book reemphasizes the tremendous costs of maintaining the death penalty—costs to real people and real families that ripple throughout generations to come."—Saundra D. Westervelt, author of Shifting the Blame: How Victimization Became a Criminal Defense "Everyone concerned with the effects of capital punishment must have this book."—Margaret Vandiver, professor, department of criminology and criminal justice, University of Memphis Murderers, particularly those sentenced to death, are considered by most to be unusually heinous, often sub-human, and entirely different from the rest of us. In Hidden Victims, sociologist Susan F. Sharp challenges this culturally ingrained perspective by reminding us that those individuals facing a death sentence, in addition to being murderers, are brothers or sisters, mothers or fathers, daughters or sons, relatives or friends. Through a series of vivid and in-depth interviews with families of the accused, she demonstrates how the exceptionally severe way in which we view those on death row trickles down to those with whom they are closely connected. Sharp shows how family members and friends—in effect, the indirect victims of the initial crime—experience a profoundly complicated and socially isolating grief process. Departing from a humanist perspective from which most accounts of victims are told, Sharp makes her case from a sociological standpoint that draws out the parallel experiences and coping mechanisms of these individuals. Chapters focus on responses to sentencing, the particular structure of grieving faced by this population, execution, aftermath, wrongful conviction, family formation after conviction, and the complex situation of individuals related to both the killer and the victim. Powerful, poignant, and intelligently written, Hidden Victims challenges all of us—regardless of which side of the death penalty you are on—to understand the economic, social, and psychological repercussions that shape the lives of the often forgotten families of death row inmates.

End of Its Rope

How Killing the Death Penalty Can Revive Criminal Justice

Author: Brandon L. Garrett

Publisher: Harvard University Press

ISBN: 0674970993

Category: History

Page: 331

View: 2158

Today, death sentences in the U.S. are as rare as lightning strikes. Brandon Garrett shows us the reasons why, and explains what the failed death penalty experiment teaches about the effect of inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments throughout the criminal justice system.

Death Penalty Stories

Author: John H. Blume,Jordan M. Steiker

Publisher: Foundation Press

ISBN: 9781599413433

Category: Law

Page: 490

View: 2706

This title offers rich and detailed accounts of the most important capital cases in American law. In addition to comprehensive coverage of the "canonical cases" such as Furman v. Georgia, Gregg v. Georgia, Penry v. Lynaugh, Payne v. Tennessee, and McCleskey v. Kemp, the volume also presents in-depth accounts of cases involving core capital issues, including:RepresentationProtections for the innocentProportionality limitsExecution methodsThe problem of "volunteers"The guarantee of heightened reliability.

DeathQuest

An Introduction to the Theory and Practice of Capital Punishment in the United States

Author: Robert M. Bohm

Publisher: Taylor & Francis

ISBN: 1317377842

Category: Political Science

Page: 569

View: 8634

This fifth edition of the first true textbook on the death penalty engages the reader with a full account of the arguments and issues surrounding capital punishment. The book begins with the history of the death penalty from colonial to modern times, and then examines the moral and legal arguments for and against capital punishment. It also provides an overview of major Supreme Court decisions and describes the legal process behind the death penalty. In addressing these issues, the author reviews recent developments in death penalty law and procedure, including ramifications of newer case law, such as that regarding using lethal injection as a method of execution. The author’s motivation has been to understand what motivates the "deathquest" of the American people, leading a large percentage of the public to support the death penalty. The book educates readers so that whatever their death penalty positions are, they are informed opinions.

Trafficked Children and Youth in the United States

Reimagining Survivors

Author: Elzbieta M. Gozdziak

Publisher: Rutgers University Press

ISBN: 0813569710

Category: Political Science

Page: 194

View: 8927

Trafficked children are portrayed by the media—and even by child welfare specialists—as hapless victims who are forced to migrate from a poor country to the United States, where they serve as sex slaves. But as Elzbieta M. Gozdziak reveals in Trafficked Children in the United States, the picture is far more complex. Basing her observations on research with 140 children, most of them girls, from countries all over the globe, Gozdziak debunks many myths and uncovers the realities of the captivity, rescue, and rehabilitation of trafficked children. She shows, for instance, that none of the girls and boys portrayed in this book were kidnapped or physically forced to accompany their traffickers. In many instances, parents, or smugglers paid by family members, brought the girls to the U.S. Without exception, the girls and boys in this study believed they were coming to the States to find employment and in some cases educational opportunities. Following them from the time they were trafficked to their years as young adults, Gozdziak gives the children a voice so they can offer their own perspective on rebuilding their lives—getting jobs, learning English, developing friendships, and finding love. Gozdziak looks too at how the children’s perspectives compare to the ideas of child welfare programs, noting that the children focus on survival techniques while the institutions focus, not helpfully, on vulnerability and pathology. Gozdziak concludes that the services provided by institutions are in effect a one-size-fits-all, trauma-based model, one that ignores the diversity of experience among trafficked children. Breaking new ground, Trafficked Children in the United States offers a fresh take on what matters most to these young people as they rebuild their lives in America.

Capital Punishment's Collateral Damage

Author: Robert M. Bohm

Publisher: N.A

ISBN: 9781611632095

Category: Social Science

Page: 274

View: 3365

The literature on capital punishment is voluminous. For nearly 250 years, scholars have discussed and debated such issues as its deterrent effect, or lack thereof; retributive and religious arguments; costs; administration, including miscarriages of justice and whether it is imposed in an arbitrary and discriminatory manner; and whether methods of execution are cruel and unusual.Conspicuously missing from this literature is the human element; the impact of capital punishment on the lives of those who are involved in the process by calamity, duty, or choice. Capital Punishment's Collateral Damage seeks to rectify that omission by allowing participants in this ritual of death to describe in their own words their role in the process and, especially, its effects on them. In this way, we can begin to understand the reach of capital punishment beyond just the victim and the perpetrator. We can begin to understand the collateral damage of capital punishment.

The Brethren

Inside the Supreme Court

Author: Bob Woodward,Scott Armstrong

Publisher: Simon and Schuster

ISBN: 1439126348

Category: Political Science

Page: 592

View: 8348

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

Deadly Justice

A Statistical Portrait of the Death Penalty

Author: Frank Baumgartner,Colin Wilson

Publisher: Oxford University Press

ISBN: 0190841540

Category: Law

Page: 416

View: 9659

In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and--not least--the Supreme Court itself.

Beyond Elite Law

Author: Samuel Estreicher

Publisher: Cambridge University Press

ISBN: 1107070104

Category: Law

Page: 652

View: 5885

This book describes the access to justice crisis facing low- and middle-income Americans and the current reforms to address it.

Cruel & Unusual

The American Death Penalty and the Founders' Eighth Amendment

Author: John D. Bessler

Publisher: UPNE

ISBN: 1555537170

Category: Social Science

Page: 456

View: 6886

This indispensable history of the Eighth Amendment and the founders' views of capital punishment is also a passionate call for the abolition of the death penalty based on the notion of cruel and unusual punishment

Executing Freedom

The Cultural Life of Capital Punishment in the United States

Author: Daniel LaChance

Publisher: University of Chicago Press

ISBN: 022606669X

Category: History

Page: 260

View: 5973

In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn't trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death? That question is at the heart of this text - a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans' thinking about the relationship between the individual and the state.

The History of the Death Penalty in Colorado

Author: Michael Radelet

Publisher: University Press of Colorado

ISBN: 160732511X

Category: History

Page: 304

View: 4087

"Radelet chronicles the details of each capital punishment trial and execution that took place in Colorado since 1859. Radelet accounts the debates and struggles over the use of the death penalty, placing the hundreds of cases into the context of a gradual worldwide trend away from this punishment"--Provided by publisher.

Criminal Procedure Stories

Author: Carol Susan Steiker,Pamela S. Karlan

Publisher: Foundation Press

ISBN: 9781587789830

Category: Law

Page: 503

View: 8428

Unlike casebooks, this title goes with greater detail into the human stories and the social, political, and legal contexts of the "big" Supreme Court cases regarding criminal justice. It unearths details not available anywhere else. In addition to great narrative enrichment, it provides the provocative thoughts of highly respected scholars who are each experts on the particular cases they address. This book will greatly enhance the teaching of both police practices (a/k/a "Cops and Robbers") and criminal adjudication (a/k/a "Bail to Jail") by providing both important context not available in any casebook and by offering the insights of some of the scholars who have thought the most deeply about these cases and issues.

Debating the Death Penalty

Should America Have Capital Punishment? The Experts on Both Sides Make Their Case

Author: Hugo Adam Bedau,Paul G. Cassell

Publisher: Oxford University Press

ISBN: 9780195179804

Category: Law

Page: 242

View: 5854

Experts on both side of the issue speak out both for and against capital punishment and the rationale behind their individual beliefs.