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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > Capital punishment
"The Last Gasp "takes us to the dark side of human history in the first full chronicle of the gas chamber in the United States. In page-turning detail, award-winning writer Scott Christianson tells a dreadful story that is full of surprising and provocative new findings. First constructed in Nevada in 1924, the gas chamber, a method of killing sealed off and removed from the sight and hearing of witnesses, was originally touted as a "humane" method of execution. Delving into science, war, industry, medicine, law, and politics, Christianson overturns this mythology for good. He exposes the sinister links between corporations looking for profit, the military, and the first uses of the gas chamber after World War I. He explores little-known connections between the gas chamber and the eugenics movement. Perhaps most controversially, he has unearthed new evidence about American and German collaboration in the production and lethal use of hydrogen cyanide and about Hitler's adoption of gas chamber technology developed in the United States. More than a book about the death penalty, this compelling history ultimately reveals much about America's values and power structures in the twentieth century.
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.
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.
By the time that Queen Victoria ascended the throne in 1837, the list of crimes liable to attract the death penalty had been reduced to murder, yet the gallows remained a source of controversy in Victorian Britain and there was growing unease in liberal quarters surrounding the question of capital punishment. Focusing in part on the activities of the Society for the Abolition of Capital Punishment, James Gregory examines abolitionist strategies, leaders and personnel. He locates the 'gallows question' in an imperial context and explores the ways in which debates about the gallows and abolition featured in literature, from poetry to 'novels of purpose' and popular romances of the underworld. He places the abolitionist movement within the wider Victorian worlds of philanthropy, religious orthodoxy and social morality in a study which will be essential reading for students and researchers of Victorian history.
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.
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.
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.
All five contemporary practitioners of the death penalty in the Association of Southeast Asian Nations (ASEAN)- Indonesia, Malaysia, Thailand, Singapore and Vietnam- have performed executions on a regular basis over the past few decades. NGO Amnesty International currently classifies each of these nations as death penalty 'retentionists'. However, notwithstanding a common willingness to execute, the number of death sentences passed by courts that are reduced to a term of imprisonment, or where the prisoner is released from custody altogether, through grants of clemency by the executive branch of government, varies remarkably among these neighbouring political allies. Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases explores the patterns which explain why some countries in the region award clemency far more often than others in death penalty cases. Over the period under analysis from 1991 to 2016, the regional outliers were Thailand (with more than 95% of condemned prisoners receiving clemency after exhausting judicial appeals) and Singapore (with fewer than 1% of condemned prisoners receiving clemency). Malaysia, Indonesia and Vietnam fall at points in between these two extremes. What results is the first research monograph, anywhere in the world, to compare death penalty clemency across national borders using empirical methodology, the latter a systematic collection of clemency data in multiple jurisdictions using archival and 'elite' interview sources. Last Chance for Life is an authoritative resource for legal practitioners, criminal justice policy makers, scholars and activists throughout the ASEAN region and around the retentionist world.
The capital punishment is a subject of great debate not only in India, but also across the world. While some countries have abolished this practice terming it inhuman and degrading, others have retained it as a means of deterrence. In India, the death penalty continues to be in practice. The author in this book argues that the death penalty be abolished in India. She strengthens her argument with the help of a personal narrative recounting her experience as a lawyer in arguing a case in the Supreme Court, in which four young men had been sentenced to death by the trial court. The sentence of death delivered by the trial court was upheld by the Bombay High Court. The author, however, along with her senior successfully defended the accused in the Supreme Court, and got their death penalty converted to life imprisonment. To further supplement her position against the death penalty, the author critically analyses the landmark cases, which have shaped the law on the capital punishment in India, and interprets the views of experts on the subject. She also examines a few foreign jurisdictions, and provides a comparative perspective on the issue of the death penalty.
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.
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.
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.
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.
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.
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.
Why is the Catholic Church against the death penalty? This second
edition of Brugger's classic work "Capital Punishment and Roman
Catholic Moral Tradition" traces the doctrinal path the Church has
taken over the centuries to its present position as the world's
largest and most outspoken opponent of capital punishment. The
pontificate of John Paul II marked a watershed in Catholic
thinking. The pope taught that the death penalty is and can only be
rightly assessed as a form of self-defense. But what does this
mean? What are its implications for the Church's traditional
retribution-based model of lethal punishment? How does it square
with what the Church has historically taught? Brugger argues that
the implications of this historic turn have yet to be fully
understood.
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.
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.
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.
As a punishment for our most serious crime-the intentional killing of a victim in an egregious way-the death penalty naturally attracts opposing moral views. One view says that the state should never execute a criminal no matter what the crime may be. The other view requires execution as justice is sought for the victim. This book considers a third possible view: capital punishment should be judged by its pragmatic value to society. Does the prospect of possible execution save lives by deterring the act of murder? Heilbrun presents evidence concerning whether state death penalties demonstrate the two necessary properties of a true deterrent: a reduction in intentional killing when present and an increase when removed. The Case for Capital Punishment contains an analysis of rarely-considered factors that influence the deterrence of murder and a discussion of the common criticisms of capital punishment.
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
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.
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.
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?
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. |
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