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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > Capital punishment
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.
As a pioneer of the modern legal novel and a criminal lawyer, Scott Turow has been involved with the death penalty for more than a decade, including successfully representing two different men convicted in death-penalty prosecutions. In Ultimate Punishment, a vivid account of how his views on the death penalty have evolved, Turow describes his own experiences with capital punishment from his days as an impassioned young prosecutor to his recent service on the Illinois commission which investigated the administration of the death penalty and influenced Governor George Ryan's unprecedented commutation of the sentences of 164 death row inmates on his last day in office. Along the way, he provides a brief history of America's ambivalent relationship with the ultimate punishment, analyzes the potent reasons for and against it, including the role of the victims' survivors, and tells the powerful stories behind the statistics, as he moves from the Governor's Mansion to Illinois' state-of-the art 'super-max' prison and the execution chamber.
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.
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.
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.
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.
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.
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.
Before 1850, all legal executions in the South were performed before crowds that could number in the thousands; the last legal public execution was in 1936. This study focuses on the shift from public executions to ones behind barriers, situating that change within our understandings of lynching and competing visions of justice and religion. Intended to shame and intimidate, public executions after the Civil War had quite a different effect on southern Black communities. Crowds typically consisting of as many Black people as white behaved like congregations before a macabre pulpit, led in prayer and song by a Black minister on the scaffold. Black criminals often proclaimed their innocence and almost always their salvation. This turned the proceedings into public, mixed-race and mixed-gender celebrations of Black religious authority and devotion. In response, southern states rewrote their laws to eliminate these crowds and this Black authority, ultimately turning to electrocutions in the bowels of state penitentiaries. In just the same era when a wave of lynchings crested around the turn of the twentieth century, states transformed the ways that the South's white-dominated governments controlled legal capital punishment, making executions into private affairs witnessed only by white people.
Before 1850, all legal executions in the South were performed before crowds that could number in the thousands; the last legal public execution was in 1936. This study focuses on the shift from public executions to ones behind barriers, situating that change within our understandings of lynching and competing visions of justice and religion. Intended to shame and intimidate, public executions after the Civil War had quite a different effect on southern Black communities. Crowds typically consisting of as many Black people as white behaved like congregations before a macabre pulpit, led in prayer and song by a Black minister on the scaffold. Black criminals often proclaimed their innocence and almost always their salvation. This turned the proceedings into public, mixed-race and mixed-gender celebrations of Black religious authority and devotion. In response, southern states rewrote their laws to eliminate these crowds and this Black authority, ultimately turning to electrocutions in the bowels of state penitentiaries. In just the same era when a wave of lynchings crested around the turn of the twentieth century, states transformed the ways that the South's white-dominated governments controlled legal capital punishment, making executions into private affairs witnessed only by white people.
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.
Reflections on Hanging is a searing indictment of capital punishment, inspired by its author's own time in the shadow of a firing squad. During the Spanish Civil War, Arthur Koestler was held by the Franco regime as a political prisoner, and condemned to death. He was freed, but only after months of witnessing the fates of less-fortunate inmates. That experience informs every page of the book, which was first published in England in 1956, and followed in 1957 by this American edition. As Koestler ranges across the history of capital punishment in Britain (with a focus on hanging), he looks at notable cases and rulings, and portrays politicians, judges, lawyers, scholars, clergymen, doctors, police, jailers, prisoners, and others involved in the long debate over the justness and effectiveness of the death penalty. In Britain, Reflections on Hanging was part of a concerted, ultimately successful effort to abolish the death penalty. At that time, in the forty-eight United States, capital punishment was sanctioned in forty-two of them, with hanging still practiced in five. This edition includes a preface and afterword written especially for the 1957 American edition. The preface makes the book relevant to readers in the U.S.; the afterword overviews the modern-day history of abolitionist legislation in the British Parliament. Reflections on Hanging is relentless, biting, and unsparing in its details of botched and unjust executions. It is a classic work of advocacy for some of society's most defenseless members, a critique of capital punishment that is still widely cited, and an enduring work that presaged such contemporary problems as the sensationalism of crime, the wrongful condemnation of the innocent and mentally ill, the callousness of penal systems, and the use of fear to control a citizenry.
There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances-including the murder of her beloved mother-in-law-into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the ""machinery of death."" Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.
Justice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to spare a life sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government's decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution where their confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. This book addresses issues that are of continuing relevance for countries that employ capital punishment. It will appeal to scholars with an interest in criminal justice history, executive discretion, and death penalty studies, as well as being a useful resource for students of penology.
There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances-including the murder of her beloved mother-in-law-into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the ""machinery of death."" Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.
Radical Discipleship engages the structural evils of homelessness, mass incarceration, and capital punishment, arguing that to be faithful to the gospel, Christians must become disciples of, not simply believers in, Jesus. Jennifer McBride argues that disciples must work to overcome the social evils that bar beloved community. Unfolding the social and political character of the good news, the book organically connects liturgy with activism and theological reflection enabling a radical discipleship that takes seriously the Jesus of the Gospels.
A must for collectors and librarians. Contains a powerful analysis of three of English law's most iconic criminal cases with extracts from the original transcripts and court reports. Readable, accessible and engaging. Paints vivid pictures of three different social eras.There are cases in the annals of English criminal law that forever resonate. In Three Cases that Shook the Law former district judge Ronald Bartle has selected three for close scrutiny: cases where the defendants paid the ultimate penalty even though demonstrably the victims of injustice. They are those of Edith Thompson who suffered due to her romantic mind-set, a young lover and the prevailing moral climate; William Joyce (Lord 'Haw Haw') where the law was stretched to its limits to accommodate treason; and Timothy Evans who died due to the lies of the principal prosecution witness Reginald John Halliday Christie who it later transpired was both a serial killer and likely perpetrator.Weaving narrative, transcripts and original court records the author presents the reader with a captivating book in which his long experience as a lawyer and magistrate is brought fully to bear.A valuable addition to the history of English law that will be of particular interest to those concerned about miscarriages of justice or capital punishment (which remains rife in parts of the world).
The brutal murders of young Devon and Damon Routier in the early morning hours of June 6, 1996, put their mother-Darlie Routier-at the heart of one of the most notorious murder cases in modern Texas history-despite her own throat having been slashed to within two millimeters of her carotid artery. The actions of a small-town police department and those within Dallas County's ruthless justice system created a perfect storm that swept up the young mother and landed her on death row. There she has remained, in a nine-feet-by-six-feet cell, despite claims of her innocence by those who know her, findings about the alarming fallibility of bloodstain analysis, and her husband's admission that at the time of the murders he was soliciting help to stage a home burglary to commit insurance fraud. In Dateline Purgatory, award-winning journalist Kathy Cruz enlists current-day legal experts to weigh in on the shocking transgressions that resulted in one of the country's most controversial death penalty convictions. With the help of the infamous death row inmate and a former FBI Special Agent known as "Crimefighter," Cruz would find that her journey through Purgatory was as much about herself as it was about the woman dubbed "Dallas's Susan Smith."
"Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty" comprehensively explores the Catholic stance against capital punishment in new and important ways. The broad perspective of this book has been shaped in conversation with the Catholic Mobilizing Network to End the Use of the Death Penalty, as well as through the witness of family members of murder victims and the spiritual advisors of condemned inmates. The book offers the reader new insight into the debates about capital punishment; provides revealing, and sometimes surprising, information about methods of execution; and explores national and international trends and movements related to the death penalty. It also addresses how the death penalty has been intertwined with racism, the high percentage of the mentally disabled on death row, and how the death penalty disproportionately affects the poor. The foundation for the church's position on the death penalty is illuminated by discussion of the life and death of Jesus, Scripture, the Mass, the "Catechism of the Catholic Church," and the teachings of Pope John Paul II. Written for concerned Catholics and other interested readers, the book contains contemporary stories and examples, as well as discussion questions to engage groups in exploring complex issues.
Barbara Graham might have been a diabolical dame in a hard-boiled detective story-beautiful, sexy, and deadly. Charged alongside two male friends in the murder of an elderly widow during a botched robbery attempt, "Bloody Babs" became the third woman executed in California-after a 1953 trial that played out before standing-room-only crowds captured the imaginations of journalists, filmmakers, and death penalty opponents. Why, Kathleen A. Cairns asks, of all the capital cases in the twentieth century, did Graham's have such political resonance and staying power? Leaving aside the question of guilt or innocence-debated to this day-Cairns examines how Graham's case became a touchstone in the ongoing debate over capital punishment. While prosecutors positioned the accused woman as a femme fatale, the media came to offer a counternarrative for Graham's life highlighting her abusive and lonely beginnings. Cairns shows how Graham's case became crucial to the abolitionists of the time, who used instances of questionable guilt to raise awareness of the arbitrary and capricious nature of death penalty prosecutions. Critical in keeping capital punishment in the forefront of public consciousness until abolitionists homed in on a winning strategy, Graham's case illustrates the power of individual stories to shape wider perceptions and ultimately public policies. |
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