Can the death penalty be administered in a just way--without
executing the innocent, without regard to race, and without
arbitrariness? How does capital punishment in the United States fit
with international human rights law? These are among the questions
that leading legal scholars and journalists explore in "Beyond
Repair?" All new, the essays in this collection focus on the period
since 1976, when the Supreme Court held that capital punishment, in
and of itself, does not violate the Constitution. In addition to
reflecting on the most recent developments in the law, the
contributors draw on empirical research to consider connections
between newly available data and modern American death penalty
procedures.
A number of the essays scrutinize thinking about capital
punishment. They examine why, following almost two decades of
strong public support for the death penalty, public opinion in
favor of it has recently begun to decline. "Beyond Repair?"
presents some of the findings of the Capital Jury Project, a
nationwide research initiative that has interviewed over one
thousand people who served as jurors in capital trials. It looks at
what goes through the minds of jurors asked to consider imposing
the death penalty, how qualified they are to make such an important
decision, and how well they understand the judge's instructions.
Contributors also investigate the risk of executing the innocent,
the role that race plays in determining which defendants are
sentenced to death, and the effect of expanded restrictions on
access to federal appellate relief. The postscript contemplates the
peculiarities of our contemporary system of capital punishment,
including the alarming variance in execution rates from state to
state.
Filled with current insights and analysis, "Beyond Repair?" will
provide valuable information to attorneys, political scientists,
criminologists, and all those wanting to participate knowledgeably
in the debates about the death penalty in America.
"
Contributors." Ken Armstrong, John H. Blume, Theodore Eisenberg,
Phoebe C. Ellsworth, Stephen P. Garvey, Samuel R. Gross, Sheri Lynn
Johnson, Steve Mills, William A. Schabas, Larry W. Yackle, Franklin
E. Zimring
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