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.

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.

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.

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.

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.

In the state of Georgia, 1025 men and women are known to have been hanged or electrocuted for capital crimes in the century after the Civil War. Based on more than twenty years of investigative research, this complete chronological record of these legal executions was pieced together from diverse sources in and outside of the state, with many details never before been made public. The author documents the facts as they occurred without delving into the politics of capital punishment.

The history of the execution of women in the United States has largely been ignored and scholars have given scant attention to gender issues in capital punishment. This historical analysis examines the social, political and economic contexts in which the justice system has put women to death, revealing a pattern of patriarchal domination and female subordination. The author includes a discussion of condemned women granted executive clemency and judicial commutations, an inquiry into women falsely convicted in potentially capital cases and a profile of the current female death row population.

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.

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, "Questioning Capital Punishment" offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and normative perspectives about death penalty policies and practices. This book is ideal for upper-level undergraduate and graduate classes in criminal justice.

We know that violence breeds violence. We need look no further than the wars in the western Balkans, the genocide in Rwanda, or the ongoing crisis in Israel and Palestine. But we don't know how to deal with the messy moral and political quandaries that result when victims become perpetrators. When the line between guilt and innocence wavers and we are confronted by the suffering of the victim who turns to violence, judgment may give way to moral relativism or liberal tolerance, compassion to a pity that denies culpability. This is the point of departure in The Violence of Victimhood and the impetus for its call for renewed considerations of responsibility, judgment, compassion, and nonviolent politics.

To address her provocative questions, Diane Enns draws on an unusually wide-ranging cast of characters from the fields of feminism, philosophy, peacebuilding, political theory, and psychoanalysis. In the process, she makes an original contribution to each, enriching discussions that are otherwise constricted by disciplinary boundaries and an arid distinction between theory and practice.

This book focuses on the relationship between public morality and personal action in the American political community. It emphasizes the responsibilities of citizens and government to find and confirm truth, looking to specific sources: religious scripture and empirical events. Recognizing that we have a natural preference for distraction and distance from both sources of truth, Slack uses qualitative, open-ended interviews and direct observation to uncover the intimate consequences of life-taking in open societies.

Abortion and murder/capital punishment are instances in which there is a sequence of events that result in life-taking. The act of murder denies the sanctity of life of someone else. Abortion and capital punishment also deny the sanctity of the lives of others. The intimacy of life-taking is not typically acknowledged or remains hidden. This makes it difficult to assess the consequences for victims, survivors, and the political community as a whole. As a result, there is only a tenuous link between public actions that question the sanctity of human life and the moral compass professed by the American democracy.

The volume presumes a theocentric foundation envisioned by the American Founders. It explores the model's first source of truth, biblical scripture, as it applies to the public actions of murder, abortion, and capital punishment. Then it investigates the intimate reality of these acts. These realities are examined in a variety of settings, resulting in a mosaic pattern of public action about capital punishment and abortion. Slack underscores the importance of government's role of providing outward justice, as well as the citizen's responsibility to be supportive of government tasks in order to reconcile the reality of life-taking with the moral compass professed in the American political community.

Numerous people face legal execution in the United States. Their presence in death rows throughout the country refutes a basic premise of our judicial system, for the use of capital punishment denies the existence of universal rehabilitation. There is another paradox-juries continue to sentence men and women to death; yet few ever get executed. Whether one is for or against capital punishment, one cannot approach the issue without deep emotion and conviction. James McCafferty provides an even-tempered, eminently reasonable discussion of the issue with balanced commentary from both sides of the debate.

McCafferty presents not only empirical data and analyses of the nature of capital punishment, but provides perspectives on the larger issues of our approach to lawbreakers and their rehabilitation. The claims of both those who want to retain capital punishment and those who want to abolish it are included. The arguments consider whether capital punishment deters crime as well as the question of discrimination. A wealth of references, an extremely useful bibliography, and a final chapter delineating the legal issues facing the courts at the time the book was originally published in 1972 complete this unusually incisive and balanced study.

"Capital Punishment" remains an important volume in the field of criminal justice. It seeks to educate rather than propagandize. It is intended for use in numerous courses in sociology and political science as well as in law schools. Anyone wishing to gain a perspective on what remains a controversial issue more than thirty years later would be well advised to study this work by world-class scholars.

This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.

This unique book examines how U.S. domestic policy regarding the death penalty has been influenced by international pressures, in particular, by foreign nations and international organizations. International pressure has mounted against America's use of the death penalty, straining diplomatic ties. U.S. policies that endorse the execution of juveniles, the mentally handicapped, and disadvantaged foreign nationals have been recognized by allied nations and international organizations as human rights abuses and violation of international law. Further, organizations such as the United Nations and Amnesty International have issued scathing reports revealing racial bias and fundamental procedural flaws in almost every phase of the judicial process in capital cases. International pressures directed at governmental entities, in particular specific states such as Texas, can have a profound impact on governmental operational efficiency and public opinion and effectively render capital punishment cost-prohibitive from a public policy standpoint. The Death Penalty and U.S. Diplomacy analyzes the institutional response to specific forms of foreign intervention and influence such as consular intervention, international litigation, and extradition negotiation. This is documented through case studies such as how a judge in Texas v. Green turned to a comparative Delaware case that relied on the Vienna Convention to remove the death penalty as possible punishment, and how Mexico pressured the White House in two separate cases. By demonstrating that foreign actors have done much to constrain the United States to abandon its policies of executing foreigners, as well as its own citizens, the book explores the foreign dimensions of the U.S. death penalty while advancing the debate surrounding the viability of this controversial policy.

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/

This book describes what homelessness is like for women and the extent to which female homelessness is gender-based. It tells what their lives are like and what their point of view is, both towards themselves and mainstream society. Because female homelessness is a serious social problem and is still poorly understood, the author describes the world of these women not only as an exercise in cultural analysis, but also with the intention of providing understanding which may help to improve their situation or alleviate their problems.

Clare Anderson provides a radical new reading of histories of empire and nation, showing that the history of punishment is not connected solely to the emergence of prisons and penitentiaries, but to histories of governance, occupation, and global connections across the world. Exploring punitive mobility to islands, colonies, and remote inland and border regions over a period of five centuries, she proposes a close and enduring connection between punishment, governance, repression, and nation and empire building, and reveals how states, imperial powers, and trading companies used convicts to satisfy various geo-political and social ambitions. Punitive mobility became intertwined with other forms of labour bondage, including enslavement, with convicts a key source of unfree labour that could be used to occupy territories. Far from passive subjects, however, convicts manifested their agency in various forms, including the extension of political ideology and cultural transfer, and vital contributions to contemporary knowledge production.

Clare Anderson provides a radical new reading of histories of empire and nation, showing that the history of punishment is not connected solely to the emergence of prisons and penitentiaries, but to histories of governance, occupation, and global connections across the world. Exploring punitive mobility to islands, colonies, and remote inland and border regions over a period of five centuries, she proposes a close and enduring connection between punishment, governance, repression, and nation and empire building, and reveals how states, imperial powers, and trading companies used convicts to satisfy various geo-political and social ambitions. Punitive mobility became intertwined with other forms of labour bondage, including enslavement, with convicts a key source of unfree labour that could be used to occupy territories. Far from passive subjects, however, convicts manifested their agency in various forms, including the extension of political ideology and cultural transfer, and vital contributions to contemporary knowledge production.

'When silence or tricks of language contribute to maintaining an abuse that must be reformed or a suffering that can be relieved, then there is no other solution but to speak out' Written when execution by guillotine was still legal in France, Albert Camus' devastating attack on the 'obscene exhibition' of capital punishment remains one of the most powerful, persuasive arguments ever made against the death penalty. One of twenty new books in the bestselling Penguin Great Ideas series. This new selection showcases a diverse list of thinkers who have helped shape our world today, from anarchists to stoics, feminists to prophets, satirists to Zen Buddhists.

Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.

Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.