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Peculiar Institution - America's Death Penalty in an Age of Abolition (Paperback)
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Peculiar Institution - America's Death Penalty in an Age of Abolition (Paperback)
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The U.S. death penalty is a peculiar institution, and a uniquely
American one. Despite its comprehensive abolition elsewhere in the
Western world, capital punishment continues in dozens of American
states- a fact that is frequently discussed but rarely understood.
The same puzzlement surrounds the peculiar form that American
capital punishment now takes, with its uneven application, its
seemingly endless delays, and the uncertainty of its ever being
carried out in individual cases, none of which seem conducive to
effective crime control or criminal justice. In a brilliantly
provocative study, David Garland explains this tenacity and shows
how death penalty practice has come to bear the distinctive
hallmarks of America's political institutions and cultural
conflicts. America's radical federalism and local democracy, as
well as its legacy of violence and racism, account for our
divergence from the rest of the West. Whereas the elites of other
nations were able to impose nationwide abolition from above despite
public objections, American elites are unable- and unwilling- to
end a punishment that has the support of local majorities and a
storied place in popular culture. In the course of hundreds of
decisions, federal courts sought to rationalize and civilize an
institution that too often resembled a lynching, producing layers
of legal process but also delays and reversals. Yet the Supreme
Court insists that the issue is to be decided by local political
actors and public opinion. So the death penalty continues to
respond to popular will, enhancing the power of criminal justice
professionals, providing drama for the media, and bringing pleasure
to a public audience who consumes its chilling tales. Garland
brings a new clarity to our understanding of this peculiar
institution- and a new challenge to supporters and opponents alike.
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