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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > Capital punishment
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.
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.
'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.
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.
Texas prosecutors are powerful: in cases where they seek capital punishment, the defendant is sentenced to death over ninety percent of the time. When management professor Hans Hansen joined Texas's newly formed death penalty defense team to rethink their approach, they faced almost insurmountable odds. Yet while Hansen was working with the office, they won seventy of seventy-one cases by changing the narrative for death penalty defense. To date, they have succeeded in preventing well over one hundred executions-demonstrating the importance of changing the narrative to change our world. In this book, Hansen offers readers a powerful model for creating significant organizational, social, and institutional change. He unpacks the lessons of the fight to change capital punishment in Texas-juxtaposing life-and-death decisions with the efforts to achieve a cultural shift at Uber. Hansen reveals how narratives shape our everyday lives and how we can construct new narratives to enact positive change. This narrative change model can be used to transform corporate cultures, improve public services, encourage innovation, craft a brand, or even develop your own leadership. Narrative Change provides an unparalleled window into an innovative model of change while telling powerful stories of a fight against injustice. It reminds us that what matters most for any organization, community, or person is the story we tell about ourselves-and the most effective way to shake things up is by changing the story.
Few subjects are as intensely debated in the United States as the
death penalty. Some form of capital punishment has existed in
America for hundreds of years, yet the justification for carrying
out the ultimate sentence is a continuing source of controversy.
"No Winners Here Tonight "explores the history of the death penalty
and the question of its fairness through the experience of a single
state, Ohio, which, despite its moderate midwestern values, has
long had one of the country's most active death chambers.
Tracing the history of female crime and execution from 1726 to 1955, Women and the Noose presents the cases of over fifty women who met their end on the hangman's gallows. From the criminal act to the execution day itself, the women's stories illustrate the range of crimes punishable by execution such as petty theft and murder, as well as reactions to the death sentence, including 'pleading the belly' as a defence. Richard Clark also discusses the developments in execution methods, from burning at the stake to the short-and long-drop; and the move from the very public hangings to the more dignified private events. Clark's frank treatment of the executions combined with sympathetic revelations about the women's private lives makes Women and the Noose a chilling and surprisingly moving read.
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.
The third and final book in the acclaimed THE LOOP trilogy - perfect for fans of The Hunger Games and The Maze Runner ... 'A terrifying and sinister look into the future that will leave your jaw on the floor.' KASS MORGAN, New York Times bestselling author of THE 100 on book 1 'Your next YA obsession.' ENTERTAINMENT WEEKLY on book 1 'Fans of The Hunger Games and The Maze Runner should look no further ... Thrilling and terrifying in equal measure.' OBSERVER on book 1 Luka Kane was executed in front of a jeering crowd, but before he died, he opened one pair of eyes to the truth: lab assistant Chester 'Chilly' Beckett's. Chilly is now determined to find out what's happening in the mysterious locked laboratory on the 65th floor. When he finally does, he finds three paralysed subjects ... and one of the subjects, impossibly, is Luka Kane. A bold escape sets in motion a race against time as Happy's world-ending plans draw to a climax ... The final, nail-biting instalment in The Loop trilogy: a must-read YA series for teens and adults alike Prison Break meets 1984 in this cutting-edge sci-fi thriller - perfect for fans of The Hunger Games and The Maze Runner
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.
Anglo-Saxon Deviant Burial Customs is the first detailed consideration of the ways in which Anglo-Saxon society dealt with social outcasts. Beginning with the period following Roman rule and ending in the century following the Norman Conquest, it surveys a period of fundamental social change, which included the conversion to Christianity, the emergence of the late Saxon state, and the development of the landscape of the Domesday Book. While an impressive body of written evidence for the period survives in the form of charters and law-codes, archaeology is uniquely placed to investigate the earliest period of post-Roman society - the fifth to seventh centuries - for which documents are lacking. For later centuries, archaeological evidence can provide us with an independent assessment of the realities of capital punishment and the status of outcasts. Andrew Reynolds argues that outcast burials show a clear pattern of development in this period. In the pre-Christian centuries, 'deviant' burial remains are found only in community cemeteries, but the growth of kingship and the consolidation of territories during the seventh century witnessed the emergence of capital punishment and places of execution in the English landscape. Locally determined rites, such as crossroads burial, now existed alongside more formal execution cemeteries. Gallows were located on major boundaries, often next to highways, always in highly visible places. The findings of this pioneering national study thus have important consequences on our understanding of Anglo-Saxon society. Overall, Reynolds concludes, organized judicial behaviour was a feature of the earliest Anglo-Saxon kingdoms, rather than just the two centuries prior to the Norman Conquest.
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?
The first known abolitionist critique of the death penalty-here for the first time in English In 1764, a Milanese aristocrat named Cesare Beccaria created a sensation when he published On Crimes and Punishments. At its centre is a rejection of the death penalty as excessive, unnecessary, and pointless. Beccaria is deservedly regarded as the founding father of modern criminal-law reform, yet he was not the first to argue for the abolition of the death penalty. Against the Death Penalty presents the first English translation of the Florentine aristocrat Giuseppe Pelli's critique of capital punishment, written three years before Beccaria's treatise, but lost for more than two centuries in the Pelli family archives. Peter Garnsey examines the contrasting arguments of the two abolitionists, who drew from different intellectual traditions. Pelli was a devout Catholic influenced by the writings of natural jurists such as Hugo Grotius, whereas Beccaria was inspired by the French Enlightenment philosophers. While Beccaria attacked the criminal justice system as a whole, Pelli focused on the death penalty, composing a critique of considerable depth and sophistication. Garnsey explores how Beccaria's alternative penalty of forced labour, and its conceptualisation as servitude, were embraced in Britain and America, and delves into Pelli's voluminous diaries, shedding light on Pelli's intellectual development and painting a vivid portrait of an Enlightenment man of letters and of conscience. With translations of letters exchanged by the two abolitionists and selections from Beccaria's writings, Against the Death Penalty provides new insights into eighteenth-century debates about capital punishment and offers vital historical perspectives on one of the most pressing questions of our own time.
Capital punishment for murder was abolished in Britain in 1965. At this time, the way people in Britain perceived and understood the death penalty had changed - it was an issue that had become increasingly controversial, high-profile and fraught with emotion. In order to understand why this was, it is necessary to examine how ordinary people learned about and experienced capital punishment. Drawing on primary research, this book explores the cultural life of the death penalty in Britain in the twentieth century, including an exploration of the role of the popular press and a discussion of portrayals of the death penalty in plays, novels and films. Popular protest against capital punishment and public responses to and understandings of capital cases are also discussed, particularly in relation to conceptualisations of justice. Miscarriages of justice were significant to capital punishment's increasingly fraught nature in the mid twentieth-century and the book analyses the unsettling power of two such high profile miscarriages of justice. The final chapters consider the continuing relevance of capital punishment in Britain after abolition, including its symbolism and how people negotiate memories of the death penalty. Capital Punishment in Twentieth-Century Britain is groundbreaking in its attention to the death penalty and the effect it had on everyday life and it is the only text on this era to place public and popular discourses about, and reactions to, capital punishment at the centre of the analysis. Interdisciplinary in focus and methodology, it will appeal to historians, criminologists, sociologists and socio-legal scholars.
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. |
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