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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > Capital punishment
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.
Killing Times begins with the deceptively simple observation-made by Jacques Derrida in his seminars on the topic-that the death penalty mechanically interrupts mortal time by preempting the typical mortal experience of not knowing at what precise moment we will die. Through a broader examination of what constitutes mortal temporality, David Wills proposes that the so-called machinery of death summoned by the death penalty works by exploiting, or perverting, the machinery of time that is already attached to human existence. Time, Wills argues, functions for us in general as a prosthetic technology, but the application of the death penalty represents a new level of prosthetic intervention into what constitutes the human. Killing Times traces the logic of the death penalty across a range of sites. Starting with the legal cases whereby American courts have struggled to articulate what methods of execution constitute "cruel and unusual punishment," Wills goes on to show the ways that technologies of death have themselves evolved in conjunction with ideas of cruelty and instantaneity, from the development of the guillotine and the trap door for hanging, through the firing squad and the electric chair, through today's controversies surrounding lethal injection. Responding to the legal system's repeated recourse to storytelling-prosecutors' and politicians' endless recounting of the horrors of crimes-Wills gives a careful eye to the narrative, even fictive spaces that surround crime and punishment. Many of the controversies surrounding capital punishment, Wills argues, revolve around the complex temporality of the death penalty: how its instant works in conjunction with forms of suspension, or extension of time; how its seeming correlation between egregious crime and painless execution is complicated by a number of different discourses. By pinpointing the temporal technology that marks the death penalty, Wills is able to show capital punishment's expansive reach, tracing the ways it has come to govern not only executions within the judicial system, but also the opposed but linked categories of the suicide bombing and drone warfare. In discussing the temporal technology of death, Wills elaborates the workings both of the terrorist who produces a simultaneity of crime and "punishment" that bypasses judicial process, and of the security state, in whose remote-control killings the time-space coordinates of "justice" are compressed and at the same time disappear into the black hole of secrecy. Grounded in a deep ethical and political commitment to death penalty abolition, Wills's engaging and powerfully argued book pushes the question of capital punishment beyond the confines of legal argument to show how the technology of capital punishment defines and appropriates the instant of death and reconfigures the whole of human mortality.
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.
Is the Death Penalty Dying? provides a careful analysis of the historical and political conditions that shaped death penalty practice on both sides of the Atlantic from the end of World War II to the twenty-first century. This book examines and assesses what the United States can learn from the European experience with capital punishment, especially the trajectory of abolition in different European nations. As a comparative sociology and history of the present, the book seeks to illuminate the way death penalty systems and their dissolution work, by means of eleven chapters written by an interdisciplinary group of authors from the United States and Europe. This work will help readers see how close the United States is to ending capital punishment and some of the cultural and institutional barriers that stand in the way of abolition.
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.
On April 19, 1995, Timothy McVeigh detonated a two-ton truck bomb that felled the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people. On June 11, 2001, an unprecedented 242 witnesses watched him die by lethal injection. In the aftermath of the bombings, American public commentary almost immediately turned to "closure" rhetoric. Reporters and audiences alike speculated about whether victim's family members and survivors could get closure from memorial services, funerals, legislation, monuments, trials, and executions. But what does "closure" really mean for those who survive-or lose loved ones in-traumatic acts? In the wake of such terrifying events, is closure a realistic or appropriate expectation? In Killing McVeigh, Jody Lynee Madeira uses the Oklahoma City bombing as a case study to explore how family members and other survivors come to terms with mass murder. The book demonstrates the importance of understanding what closure really is before naively asserting it can or has been reached.
The death penalty landscape has changed considerably since the first edition of this book was published in 1998. For example, five states that had the death penalty in 1998 - Connecticut, Illinois, New Jersey, New Mexico and New York - no longer impose the punishment. Some of the changes set out in this second edition involve discussions of all of the significant cases decided by the United States Supreme Court after 1998, including Roper v. Simmons, 543 U.S. 551 (2005); Atkins v. Virginia, 536 U.S. 304 (2002); Schriro v. Smith, 126 S.Ct. 7 (2005); Harbison v. Bell, 129 S.Ct. 1481 (2009); Holmes v. South Carolina, 126 S.Ct. 1727 (2006); Kansas v. Marsh, 126 S.Ct. 2516 (2006); Ring v. Arizona, 536 U.S. 584 (2002); Sattazahn v. Pennsylvania, 537 U.S. 101 (2003). This new edition includes 13 new chapters. Areas covered by some of the new chapters include Capital felon's defense team; Habeas corpus, coram nobis and section 1983 proceedings; the Innocence protection act and post-conviction DNA testing; Challenging the death sentence under racial justice acts; Inhabited American territories and capital punishment; and the Costs of capital punishment.
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?
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.
Providing a new look at the intense public debate surrounding the death penalty in the United States, this book explores the various trends in public opinion that influence crime prevention efforts, create public policy, and reform criminal law. It discusses three core issues: the role of free will and determination; the search for the root cause or causes of crime; and, the effects of studying crimes versus studying criminals. It provides a brief history of capital punishment in the United States from the earliest known execution at the Jamestown Colony in 1608 to executions occurring as recently as 2008. Additional topics include the regionalization of capital punishment sentences, the spiritual and scriptural debate over the death penalty, the role of DNA evidence in modern execution sentences, and the ongoing effects of Furman v. Georgia, McClesky v. Kemp, Baze v. Rees, and other related court rulings.
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.
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
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.
James Billington, formerly a pub entertainer and then a barber, had been single-minded in his determination to secure the post of executioner for London and the Home Counties. But did he really feel he was primarily a benefit to society and justice, or were his reasons for wanting the position more personal? Three of his sons, Thomas, William and John, followed in his footsteps and together the family were responsible for 235 executions in Great Britain between 1884 and 1905. Billington: Victorian Executioner provides a complete account of the stories behind James Billington's 151 executions, as well as introducing the reader to the real man behind the rope. This fascinating biography is an exciting addition to any true crime bookshelf.
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.
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.
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials. The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors' decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making - conveyed in the form of authoritative legal language - when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.
A remarkable look at an understudied feature of the Iranian justice system, where forgiveness is as much a right of victims as retribution Iran's criminal courts are notorious for meting out severe sentences-according to Amnesty International, the country has the world's highest rate of capital punishment per capita. Less known to outside observers, however, is the Iranian criminal code's recognition of forgiveness, where victims of violent crimes, or the families of murder victims, can request the state to forgo punishing the criminal. Forgiveness Work shows that in the Iranian justice system, forbearance is as much a right of victims as retribution. Drawing on extended interviews and first-hand observations of more than eighty murder trials, Arzoo Osanloo explores why some families of victims forgive perpetrators and how a wide array of individuals contribute to the fraught business of negotiating reconciliation. Based on Qur'anic principles, Iran's criminal codes encourage mercy and compel judicial officials to help parties reach a settlement. As no formal regulations exist to guide those involved, an informal cottage industry has grown around forgiveness advocacy. Interested parties-including attorneys, judges, social workers, the families of victims and perpetrators, and even performing artists-intervene in cases, drawing from such sources as scripture, ritual, and art to stir feelings of forgiveness. These actors forge new and sometimes conflicting strategies to secure forbearance, and some aim to reform social attitudes and laws on capital punishment. Forgiveness Work examines how an Islamic victim-centered approach to justice sheds light on the conditions of mercy.
Final Judgments: The Death Penalty in American Law and Culture explores the significance and meaning of finality in capital cases. Questions addressed in this book include: how are concerns about finality reflected in the motivations and behavior of participants in the death penalty system? How does an awareness of finality shape the experience of the death penalty for those condemned to die as well as for capital punishment's public audience? What is the meaning of time in capital cases? What are the relative weights according to finality versus the need for error correction in legal and political debates? And, how does the meaning of finality differ in capital and non-capital (LWOP) cases? Each chapter examines the idea of finality as a legal, political, and cultural fact. Final Judgments deploys various theories and perspectives to explore the death penalty's finality.
The whole world knows the face of the young man with the bright black eyes. He is in the process of becoming an icon, a symbol, similar to the famous photo of Che Guevara. The face is that of Raif Badawi, who was nominated for the 2015 Nobel Peace Prize. Arrested in Saudi Arabia, he was sentenced to ten years' imprisonment and 1000 lashes - a de facto death sentence. The woman who succeeded in getting such people as Barack Obama and Prince Charles to appeal personally to the Saudi King for Badawi's release is his wife, Ensaf Haidar, who began the campaign to free her husband with a self-painted poster in front of a small church in Sherbrooke, Canada. When Raif Badawi and Ensaf Haidar fell in love with each other as adolescents, they did so in violation of every moral precept in the strictly Islamic Kingdom of Saudi Arabia. During their clandestine love affair, the young couple had no idea that, more than a decade later, Ensaf's love for Raif would attract the attention of politicians from around the world as the blogger's wife now mobilises global public opinion in an effort to save her husband from murder at the hands of the Saudi judiciary. With a courage born of desperation, she is fighting from exile in Canada to secure the release of the father of her three children, and is bringing great pressure to bear on the murderous regime in her native country. Ensaf Haidar tells Raif's and her own story: the story of their shared liberal ideas and her fight for her husband's release.
A remarkable look at an understudied feature of the Iranian justice system, where forgiveness is as much a right of victims as retribution Iran's criminal courts are notorious for meting out severe sentences-according to Amnesty International, the country has the world's highest rate of capital punishment per capita. Less known to outside observers, however, is the Iranian criminal code's recognition of forgiveness, where victims of violent crimes, or the families of murder victims, can request the state to forgo punishing the criminal. Forgiveness Work shows that in the Iranian justice system, forbearance is as much a right of victims as retribution. Drawing on extended interviews and first-hand observations of more than eighty murder trials, Arzoo Osanloo explores why some families of victims forgive perpetrators and how a wide array of individuals contribute to the fraught business of negotiating reconciliation. Based on Qur'anic principles, Iran's criminal codes encourage mercy and compel judicial officials to help parties reach a settlement. As no formal regulations exist to guide those involved, an informal cottage industry has grown around forgiveness advocacy. Interested parties-including attorneys, judges, social workers, the families of victims and perpetrators, and even performing artists-intervene in cases, drawing from such sources as scripture, ritual, and art to stir feelings of forgiveness. These actors forge new and sometimes conflicting strategies to secure forbearance, and some aim to reform social attitudes and laws on capital punishment. Forgiveness Work examines how an Islamic victim-centered approach to justice sheds light on the conditions of mercy.
Is the Death Penalty Dying? provides a careful analysis of the historical and political conditions that shaped death penalty practice on both sides of the Atlantic from the end of World War II to the twenty-first century. This book examines and assesses what the United States can learn from the European experience with capital punishment, especially the trajectory of abolition in different European nations. As a comparative sociology and history of the present, the book seeks to illuminate the way death penalty systems and their dissolution work, by means of eleven chapters written by an interdisciplinary group of authors from the United States and Europe. This work will help readers see how close the United States is to ending capital punishment and some of the cultural and institutional barriers that stand in the way of abolition. Yet, more than that, this book shows how the death penalty has helped define the political and cultural identities of both Europe and the United States.
Investigating the attitudes about capital punishment in contemporary America, this book poses the question: can ending the death penalty be done democratically? How is it that a liberal democracy like the United States shares the distinction of being a leading proponent of the death penalty with some of the world's most repressive regimes? Reporting on the first study of initiative and referendum processes used to decide the fate of the death penalty in the United States, this book explains how these processes have played an important, but generally neglected, role in the recent history of America's death penalty. While numerous scholars have argued that the death penalty is incompatible with democracy and that it cannot be reconciled with democracy's underlying commitment to respect the equal dignity of all, Professor Austin Sarat offers the first study of what happens when the public gets to decide on the fate of capital punishment.
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. |
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