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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > Capital punishment
The fifth edition of this highly praised study charts and explains
the progress that continues to be made towards the goal of
worldwide abolition of the death penalty. The majority of nations
have now abolished the death penalty and the number of executions
has dropped in almost all countries where abolition has not yet
taken place. Emphasising the impact of international human rights
principles and evidence of abuse, the authors examine how this has
fuelled challenges to the death penalty and they analyse and
appraise the likely obstacles, political and cultural, to further
abolition. They discuss the cruel realities of the death penalty
and the failure of international standards always to ensure fair
trials and to avoid arbitrariness, discrimination and conviction of
the innocent: all violations of the right to life. They provide
further evidence of the lack of a general deterrent effect; shed
new light on the influence and limits of public opinion; and argue
that substituting for the death penalty life imprisonment without
parole raises many similar human rights concerns. This edition
provides a strong intellectual and evidential basis for regarding
capital punishment as undeniably cruel, inhuman and degrading.
Widely relied upon and fully updated to reflect the current state
of affairs worldwide, this is an invaluable resource for all those
who study the death penalty and work towards its removal as an
international goal.
Curing systemic inequalities in the criminal justice system is the
unfinished business of the Civil Rights movement. No part of that
system highlights this truth more than the current implementation
of the death penalty. At the Cross tells a story of the
relationship between the death penalty and race in American
politics that complicates the common belief that individual African
Americans, especially poor African Americans, are more subject to
the death penalty in criminal cases. The current death penalty
regime operates quite differently than it did in the past. The
findings of this research demonstrate the the racial inequity in
the meting out of death sentences has legal and political
externalities that move beyond individual defendants to larger
numbers of African Americans. At the Cross looks at the meaning of
the death penalty to and for African Americans by using various
sites of analysis. Using various sites of analysis, Price shows the
connection between criminal justice policies like the death penalty
and the political and legal rights of African Americans who are
tangentially connected to the criminal justice system through
familial and social networks. Drawing on black politics, legal and
political theory and narrative analysis, Price utilizes a
mixed-method approach that incorporates analysis of media reports,
capital jury selection and survey data, as well as original focus
group data. As the rates of incarceration trend upward, Black
politics scholars have focused on the impact of incarceration on
the voting strength of the black community. Local, and even
regional, narratives of African American politics and the death
penalty expose the fractures in American democracy that foment
perceptions of exclusion among blacks.
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The Red Record
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Ida B.Wells- Barnett; Contributions by Irvine Garland Penn, T. Thomas Fortune
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This balanced approach to legal precedent and moral argument
regarding the death penalty presents the evidence so readers can
reach their own informed conclusions. Capital Punishment examines
the debate around the death penalty, raising questions and
attempting to provide an even-handed examination of this
controversial practice. The authors combine analysis of important
issues with excerpts from landmark legal decisions, important
documents, survey results, and empirical data. The first part of
the book discusses the origins of the death penalty and traces its
development from antiquity to contemporary times. Detailed
statistical information about capital punishment is presented and
discussed, and the death penalty is considered against a
constitutional backdrop with various arguments-for and
against-articulated. The second part of the book consists of three
appendices. The first appendix presents an annotated list of
important capital-punishment cases; the second supplies a more
general chronological treatment of capital punishment; and the
third provides a bibliographic essay directing readers to other
relevant sources of interest. A thorough and insightful treatment,
Capital Punishment provides both a summary of the current state of
capital punishment and a discussion of areas of continuing
controversy. 15 black-and-white photos Excerpts from legal
documents, court decisions, and statistical and survey data
Timeline Bibliography
Examining the successful movements to abolish capital punishment in
the UK, France, and Germany, this book examines the similarities in
the social structure and political strategies of abolition
movements in all three countries. An in-depth comparative analysis
with other countries assesses chances of success of abolition
elsewhere.
This book offers a broad overview of public attitudes to the death
penalty in India. It examines in detail the progress made by
international organizations worldwide in their efforts to abolish
the death penalty and provides statistics from various countries
that have already abolished it. The book focuses on four main
aspects: the excessive cost and poor use of funds; wrongful
executions of innocent people; the death penalty's failure as an
efficient deterrent; and the alternative sentence of life
imprisonment without parole. In closing, the book analyses the
current debates on capital punishment around the globe and in the
Indian context. Based on public opinion surveys, the book is
essential reading for all those interested in India, its
government, criminal justice system, and policies on the death
penalty and human rights.
This book explores the idea of the prison boundary, identifying
where it is located, which processes and performances help
construct and animate it, and who takes part in them. Although the
relationship between prison and non-prison has garnered academic
interest from various disciplines in the last decade, the cultural
performance of the boundary has been largely ignored. This book
adds to the field by exploring the complexity of the material and
symbolic connections that exist between society and carceral space.
Drawing on a range of cultural examples including governmental
legislation, penal tourism, prisoner work programmes and art by
offenders, Jennifer Turner attends to the everyday, practised
manifestations and negotiations of the prison boundary. The book
reveals how prisoners actively engage with life outside of prison
and how members of the public may cross the boundary to the inside.
In doing so, it shows the prison boundary to be a complex patchwork
of processes, people and parts. The book will be of great interest
to scholars and upper-level students of criminology, carceral
geography and cultural studies.
This book addresses the myriad controversies and examines the
evidence regarding capital punishment in America. It answers
questions regarding topics like the efficacy of capital punishment
in deterring violent crime, the risks of mistakes, legal issues
related to capital punishment, and the monetary costs of keeping
inmates on death row. Does the possibility of being put to death
deter crime? Do the methods of execution matter? Is it possible for
a state-ordered execution to be botched? Are innocent people ever
sent to death row? Are there racial biases or other prejudices
associated with the death penalty? This book examines the history
of capital punishment in the United States; describes the
significant issues, events, and cases; and addresses the
controversies and legal issues surrounding capital punishment,
making this important topic accessible to a wide range of readers.
The book presents both sides of the argument on whether capital
punishment should continue or be abolished, looking at the evidence
regarding whether it is necessary for carrying out justice and
deterring violent crime or whether the practice is inhumane,
ineffective, biased in its application, and costly. Readers will
gain insights into how capital punishment should be used, if at
all; whether effective safeguards are in place to ensure that only
the guilty receive the death penalty; what crimes deserve this
sentence; whether juveniles or individuals with diminished mental
capacity should ever be sentenced to death; potentially viable
alternatives to the death penalty; and the hidden costs involved in
our capital punishment system that make it so expensive. The book
also contains primary documents relevant to capital punishment,
such as excerpts from documents like the U.S. Constitution, the
Hittite case laws, and the Code of Hammurabi, as well as
descriptions of and excerpts from key cases decided by the U.S.
Supreme Court. Presents "Perspectives" from various writers,
allowing readers to consider opinions from many informed
individuals-including judges, prosecutors, defense attorneys, and
professors-who are concerned with capital punishment Supplies
easy-to-understand information for general readers seeking to learn
more about the history, purposes, effects, methods, and costs of
capital punishment Provides a balanced, objective discussion of the
arguments and complex issues regarding capital punishment, enabling
readers to reach their own opinions and conclusions
An American Dilemma examines the issue of capital punishment in the
United States as it conflicts with the nation's obligations under
the 1963 Vienna Convention on Consular Relations. In a number of
high profile cases, foreign nationals have been executed after
being denied their rights under the Vienna Convention. The
International Court of Justice has ruled against the United States,
but individual states have chosen to defy international law. The
Supreme Court has not resolved the question of legal remedies for
such breaches.
Slavery, lynching and capital punishment were interwoven in the
United States and by the mid-twentieth century these connections
gave rise to a small but well-focused reform movement. Biased and
perfunctory procedures were replaced by prolonged trials and
appeals, which some found messy and meaningless; DNA profiling
clearly established innocent persons had been sentenced to death.
The debate over taking life to protect life continues; this book is
based on a hugely popular undergraduate course taught at the
University of Texas, and is ideal for those interested in criminal
justice, social problems, social inequality, and social movements.
This book is an excerpt from a larger text, Who Lives, Who Dies,
Who Decides?, http://www.routledge.com/9780415892476/
Today, two-thirds of the world's nations have abolished the death
penalty, either officially or in practice, due mainly to the
campaign to end state executions led by Western European nations.
Will this success spread to Asia, where over 95 percent of
executions now occur? Do Asian values and traditions support
capital punishment, or will development and democratization end
executions in the world's most rapidly developing region?
David T. Johnson, an expert on law and society in Asia, and
Franklin E. Zimring, a senior authority on capital punishment,
combine detailed case studies of the death penalty in Asian nations
with cross-national comparisons to identify the critical factors
for the future of Asian death penalty policy. The clear trend is
away from reliance on state execution and many nations with death
penalties in their criminal codes rarely use it. Only the hard-line
authoritarian regimes of China, Vietnam, Singapore, and North Korea
execute with any frequency, and when authoritarian states
experience democratic reforms, the rate of executions drops
sharply, as in Taiwan and South Korea. Debunking the myth of "Asian
values," Johnson and Zimring demonstrate that politics, rather than
culture or tradition, is the major obstacle to the end of
executions. Carefully researched and full of valuable lessons, The
Next Frontier is the authoritative resource on the death penalty in
Asia for scholars, policymakers, and advocates around the
world.
At the start of the twenty-first century, America is in the midst
of a profound national reconsideration of the death penalty. There
has been a dramatic decline in the number of people being sentenced
to death as well as executed, exonerations have become common, and
the number of states abolishing the death penalty is on the rise.
The essays featured in The Road to Abolition? track this shift in
attitudes toward capital punishment, and consider whether or not
the death penalty will ever be abolished in America. The
interdisciplinary group of experts gathered by Charles J. Ogletree
Jr., and Austin Sarat ask and attempt to answer the hard questions
that need to be addressed if the death penalty is to be abolished.
Will the death penalty end only to be replaced with life in prison
without parole? Will life without the possibility of parole become,
in essence, the new death penalty? For abolitionists, might that be
a pyrrhic victory? The contributors discuss how the death penalty
might be abolished, with particular emphasis on the current debate
over lethal injection as a case study on why and how the
elimination of certain forms of execution might provide a model for
the larger abolition of the death penalty.
In the 400 years since the first known execution was carried out
for treason in Virginia, American jurisdictions have debated both
the appropriateness and methods of capital punishment. Over that
time, courts have placed varying restrictions on its application,
excluding categories of citizens (for example the insane or the
underaged) and evaluating and excluding methods of execution by the
U.S. Constitution's prohibition on "cruel and unusual punishment."
Critics have highlighted controversial issues, including race and
class, to argue against capital punishment's perceived uneven
application. Others have argued that capital punishment is "cruel
and unusual" in any form and should be outlawed altogether. Most
recently, the U.S. Supreme Court has ruled, in a 5-4 bare majority,
that capital punishment is not cruel and unusual for the crime of
murder, provided certain factors are also present. In the same
decision it held that infliction of pain of during an execution did
not bar its application. States remain free to employ the death
penalty or not, and if so, choose freely the method each state
deems most appropriate. In Capital Punishment in American Courts,
distinguished political scientists James B. Whisker and Kevin R.
Spiker survey this history from a penetrating new perspective.
In the 1890s, Amos Lunt served as the San Quentin hangman, tying
the nooses that brought the most dangerous criminals in the Wild
West to their deaths. A former police chief who became the hangman
of San Quentin due to an unfortunate turn of events, Lunt stood on
the gallows alongside bank robbers, desperadoes and assassins
throughout a five-year career. This book follows Lunt's trail from
the Santa Cruz police department to the San Quentin State Prison.
Covering his interesting friendship with a series of death row
inmates to the gradual deterioration of his sanity, it is a
one-of-a-kind biography that profiles an American executioner. Also
profiled are his subjects-twenty of the West's most heinous
criminals-as well as Lunt's preparations for their hangings and
their final moments on the gallows.
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.
This is the story of lifelong musician Buzzy Martin, music teacher
to the hardened criminals inside the walls of San Quentin
Prison-and what he learned, note by incredible note.
For many Europeans, the persistence of America's death penalty is a
stark reminder of American otherness. The practice of state killing
is an archaic relic, a hollow symbol that accomplishes nothing but
reflects a puritanical, punitive culture - bloodthirsty in its
pursuit of retribution. In debating capital punishment, the usual
rhetoric points to America's deviance from the western norm:
civilized abolition and barbaric retention; 'us' and 'them'. This
remarkable new study by a leading social thinker sweeps aside the
familiar story and offers a compelling interpretation of the
culture of American punishment. It shows that the same forces that
led to the death penalty's abolition in Europe once made America a
pioneer of reform. That democracy and civilization are not the
enemies of capital punishment, though liberalism and
humanitarianism are. Making sense of today's differences requires a
better understanding of American society and its punishments than
the standard rhetoric allows. Taking us deep inside the world of
capital punishment, the book offers a detailed picture of a
peculiar institution - its cultural meaning and symbolic force for
supporters and abolitionists, its place in the landscape of
American politics and attitudes to crime, its constitutional status
and the legal struggles that define it. Understanding the death
penalty requires that we understand how American society is put
together - the legacy of racial violence, the structures of social
power, and the commitment to radical, local majority rule.
Shattering current stereotypes, the book forces us to rethink our
understanding of the politics of death and of punishment in America
and beyond.
It isn't enough to celebrate the death penalty's demise. We must
learn from it. When Henry McCollum was condemned to death in 1984
in rural North Carolina, death sentences were commonplace. In 2014,
DNA tests set McCollum free. By then, death sentences were as rare
as lethal lightning strikes. To most observers this national trend
came as a surprise. What changed? Brandon Garrett hand-collected
and analyzed national data, looking for causes and implications of
this turnaround. End of Its Rope explains what he found, and why
the story of who killed the death penalty, and how, can be the
catalyst for criminal justice reform. No single factor put the
death penalty on the road to extinction, Garrett concludes. Death
row exonerations fostered rising awareness of errors in death
penalty cases, at the same time that a decline in murder rates
eroded law-and-order arguments. Defense lawyers radically improved
how they litigate death cases when given adequate resources. More
troubling, many states replaced the death penalty with what amounts
to a virtual death sentence-life without possibility of parole.
Today, the death penalty hangs on in a few scattered counties where
prosecutors cling to entrenched habits and patterns of racial bias.
The failed death penalty experiment teaches us how inept lawyering,
overzealous prosecution, race discrimination, wrongful convictions,
and excessive punishments undermine the pursuit of justice. Garrett
makes a strong closing case for what a future criminal justice
system might look like if these injustices were remedied.
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 five state regions of Illinois, Indiana, Iowa, Kentucky and
Missouri, 1027 men and women are known to have been legally hanged,
gassed or electrocuted in the century after the Civil War. Drawing
on thousands of hours of research, this comprehensive record covers
each execution in chronological order, filling numerous gaps in a
largely forgotten story of the American experience. The author
presents each case dispassionately with the main focus given to
essential facts.
Comparative Capital Punishment offers a set of in-depth, critical
and comparative contributions addressing death practices around the
world. Despite the dramatic decline of the death penalty in the
last half of the twentieth century, capital punishment remains in
force in a substantial number of countries around the globe. This
research handbook explores both the forces behind the stunning
recent rejection of the death penalty, as well as the changing
shape of capital practices where it is retained. The expert
contributors address the social, political, economic, and cultural
influences on both retention and abolition of the death penalty and
consider the distinctive possibilities and pathways to worldwide
abolition. Scholars in the fields of law, sociology, political
science and history, as well as human rights lawyers,
abolitionists, law makers and judges who wish to remain up-to-date
on changing death penalty practices will need Comparative Capital
Punishment on their reading list. Contributors include: S.L.
Babcock, S. Bae, R.C. Dieter, B.L. Garrett, E. Girling, C. Hoyle,
P. Jabbar, S. Lehrfreund, D. Lourtau, B. Malkani, M. Miao, A.
Nazir, A. Novak, K. Pant, D. Pascoe, A. Sarat, M. Sato, W. Schabas,
C.S. Steiker, J.M. Steiker, J. Yorke
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