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Capital Punishment in American Courts (Hardcover)
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Capital Punishment in American Courts (Hardcover)
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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.
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