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.
It has long been acknowledged that the death penalty in the United States of America has been shaped by the country’s history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices’ respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists.
In the third Clarkeston Chronicles thriller, “Heald . . . shows his mastery of the legal mystery with characters as complex as any found in a Grisham novel” (Mark Schweizer, author of The Liturgical Mysteries). Melanie Wilkerson and Arthur Hughes work together in a federal judge’s chambers in the small Georgia college town of Clarkeston. With vastly differing personalities, they do their best to avoid any clashes. Melanie has returned from law school hoping to earn a solid legal reputation—and finally bury her beauty queen past. Arthur is a bright but naive Midwesterner who fell in love with Clarkeston—and is quickly falling for his attractive landlady. The cohort of federal court clerks is completed by Phil Jenkins, a Stanford graduate from San Francisco who tries his best to balance the personalities of his volatile colleagues. But they face new levels of tension when Melanie investigates the mysterious death of a young woman in the courthouse five years earlier, and Arthur wades through the horrific habeas corpus appeals of two prisoners: an infamous serial killer and a pathetic child murderer. Now, Melanie and Arthur must walk the fine line between law and justice—and between life and death—if they are going to make it, in this “disquieting look inside the workings of the justice system” (Publishers Weekly).
This collection deals with complex issues relating to death such as 'mercy killings', the 'right to die' and murder. the relationship will always be controversial. This timely and provocative collection brings together scholars from Australia, Britain and the US.
Furman v. Georgia and the death penalty in modern America
Author: David M. Oshinsky
Publisher: Univ Pr of Kansas
In his first book since the Pulitzer Prize--winning Polio: An American Story, renowned historian David Oshinsky takes a new and closer look at the Supreme Court's controversial and much-debated stances on capital punishment--in the landmark case of Furman v. Georgia. Career criminal William Furman shot and killed a homeowner during a 1967 burglary in Savannah, Georgia. Because it was a "black-on-white" crime in the racially troubled South, it also was an open-and-shut case. The trial took less than a day, and the nearly all-white jury rendered a death sentence. Aided by the NAACP's Legal Defense Fund, Furman's African-American attorney, Bobby Mayfield, doggedly appealed the verdict all the way to the U.S. Supreme Court, which in 1972 overturned Furman's sentence by a narrow 5--4 vote, ruling that Georgia's capital punishment statute, and by implication all other state death-penalty laws, was so arbitrary and capricious as to violate the Eighth Amendment's prohibition against "cruel and unusual punishment." Furman effectively, if temporarily, halted capital punishment in the United States. Every death row inmate across the nation was resentenced to life in prison. The decision, however, did not rule the death penalty per se to be unconstitutional; rather, it struck down the laws that currently governed its application, leaving the states free to devise new ones that the Court might find acceptable. And this is exactly what happened. In the coming years, the Supreme Court would uphold an avalanche of state legislation endorsing the death penalty. Capital punishment would return stronger than ever, with many more defendants sentenced to death and eventually executed. Oshinsky demonstrates the troubling roles played by race and class and region in capital punishment. And he concludes by considering the most recent Supreme Court death-penalty cases involving minors and the mentally ill, as well as the impact of international opinion. Compact and engaging, Oshinsky's masterful study reflects a gift for empathy, an eye for the telling anecdote and portrait, and a talent for clarifying the complex and often confusing legal issues surrounding capital punishment.
Rehnquist, Scalia, Thomas and the Contradictions of the Death Penalty
Author: Kenneth Wayne Miller
Publisher: Lfb Scholarly Pub Llc
"Death Justice" argues that one fallacy that passes for truth is the widely held notion that Justices Rehnquist, Scalia, and Thomas apply a fixed standard to death penalty cases. Thanks in part to the trio, the U.S. stands far apart from its allies and quite close to its enemies with regard to the death penalty.
Author George Marlin argues that without respect for personhood, liberty will become license, and the responsibility to do what is right will degrade into the right to do what is irresponsible. (Aren't we already there?) This book provides intelligent politicians (and others) with philosophical and historical perspectives on some of the toughest issues we Americans face.