America Without the Death Penalty

America Without the Death Penalty
Author: John F. Galliher
Publisher: UPNE
Total Pages: 294
Release: 2005
Genre: Capital punishment
ISBN: 9781555536398

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In 2000, Governor George Ryan of Illinois, a Republican and a supporter of the death penalty, declared a moratorium on executions in his state. In 2003 he commuted the death sentences of all Illinois prisoners on death row. Ryan contended that the application of the death penalty in Illinois had been arbitrary and unfair, and he ignited a new round of debate over the appropriateness of execution. Nationwide surveys indicate that the number of Americans who favor the death penalty is declining. As the struggle over capital punishment rages on, twelve states and the District of Columbia have taken bold measures to eliminate the practice. This landmark study is the first to examine the history and motivations of those jurisdictions that abolished capital punishment and have resisted the move to reinstate death penalty statutes.

End of Its Rope

End of Its Rope
Author: Brandon Garrett
Publisher: Harvard University Press
Total Pages: 343
Release: 2017-09-25
Genre: History
ISBN: 0674970993

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An awakening -- Inevitability of innocence -- Mercy vs. justice -- The great American death penalty decline -- The defense lawyering effect -- Murder insurance -- The other death penalty -- The execution decline -- End game -- The triumph of mercy

Peculiar Institution

Peculiar Institution
Author: David Garland
Publisher: Harvard University Press
Total Pages: 428
Release: 2011-02-01
Genre: History
ISBN: 0674058488

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The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.

Cruel & Unusual

Cruel & Unusual
Author: John D. Bessler
Publisher: UPNE
Total Pages: 474
Release: 2012
Genre: Social Science
ISBN: 1555537170

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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

Life Without Parole

Life Without Parole
Author: Charles J. Ogletree
Publisher: NYU Press
Total Pages: 344
Release: 2012-06-04
Genre: Social Science
ISBN: 0814762484

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Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as “the new death penalty.” Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.

Let the Lord Sort Them

Let the Lord Sort Them
Author: Maurice Chammah
Publisher: Crown
Total Pages: 368
Release: 2021-01-26
Genre: Law
ISBN: 1524760277

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NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.

America's Death Penalty

America's Death Penalty
Author: David Garland
Publisher: NYU Press
Total Pages: 244
Release: 2011-01-25
Genre: Social Science
ISBN: 0814732801

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Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. America’s Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America. Contributors: David Garland, Douglas Hay, Randall McGowen, Michael Meranze, Rebecca McLennan, and Jonathan Simon.

A Descending Spiral

A Descending Spiral
Author: Marc Bookman
Publisher: The New Press
Total Pages: 237
Release: 2021-06-15
Genre: Social Science
ISBN: 1620976595

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Powerful, wry essays offering modern takes on a primitive practice, from one of our most widely read death penalty abolitionists As Ruth Bader Ginsburg has noted, people who are well represented at trial rarely get the death penalty. But as Marc Bookman shows in a dozen brilliant essays, the problems with capital punishment run far deeper than just bad representation. Exploring prosecutorial misconduct, racist judges and jurors, drunken lawyering, and executing the innocent and the mentally ill, these essays demonstrate that precious few people on trial for their lives get the fair trial the Constitution demands. Today, death penalty cases continue to capture the hearts, minds, and eblasts of progressives of all stripes—including the rich and famous (see Kim Kardashian’s advocacy)—but few people with firsthand knowledge of America’s “injustice system” have the literary chops to bring death penalty stories to life. Enter Marc Bookman. With a voice that is both literary and journalistic, the veteran capital defense lawyer and seven-time Best American Essays “notable” author exposes the dark absurdities and fatal inanities that undermine the logic of the death penalty wherever it still exists. In essays that cover seemingly “ordinary” capital cases over the last thirty years, Bookman shows how violent crime brings out our worst human instincts—revenge, fear, retribution, and prejudice. Combining these emotions with the criminal legal system’s weaknesses—purposely ineffective, arbitrary, or widely infected with racism and misogyny—is a recipe for injustice. Bookman has been charming and educating readers in the pages of The Atlantic, Mother Jones, and Slate for years. His wit and wisdom are now collected and preserved in A Descending Spiral.

Right Here, Right Now

Right Here, Right Now
Author: Lynden Harris
Publisher: Duke University Press
Total Pages: 246
Release: 2021-03-22
Genre: Social Science
ISBN: 147802142X

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Upon receiving his execution date, one of the thousands of men living on death row in the United States had an epiphany: “All there ever is, is this moment. You, me, all of us, right here, right now, this minute, that's love.” Right Here, Right Now collects the powerful, first-person stories of dozens of men on death rows across the country. From childhood experiences living with poverty, hunger, and violence to mental illness and police misconduct to coming to terms with their executions, these men outline their struggle to maintain their connection to society and sustain the humanity that incarceration and its daily insults attempt to extinguish. By offering their hopes, dreams, aspirations, fears, failures, and wounds, the men challenge us to reconsider whether our current justice system offers actual justice or simply perpetuates the social injustices that obscure our shared humanity.

The Death Penalty in America

The Death Penalty in America
Author: Hugo Adam Bedau
Publisher: Oxford University Press
Total Pages: 545
Release: 1998-05-28
Genre: Social Science
ISBN: 0199761426

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InThe Death Penalty in America: Current Controversies, Hugo Adam Bedau, one of our preeminent scholars on the subject,provides a comprehensive sourcebook on the death penalty, making the process of informed consideration not only possible but fascinating as well. No mere revision of the third edition of The Death Penalty in America--which the New York Times praised as "the most complete, well-edited and comprehensive collection of readings on the pros and cons of the death penalty"--this volume brings together an entirely new selection of 40 essays and includes updated statistical and research data, recent Supreme Court decisions, and the best current contributions to the debate over capital punishment. From the status of the death penalty worldwide to current attitudes of Americans toward convicted killers, from legal arguments challenging the constitutionality of the death penalty to moral arguments enlisting the New Testament in support of it, from controversies over the role of race and class in the judicial system to proposals to televise executions, Bedau gathers readings that explore all the most compelling aspects of this most compelling issue.