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The principle revealed in Death by Installments is that the Eighth
Amendment's prohibition against cruel and unusual punishment does
not guarantee protection to black men who kill whites. Reading the
carefully researched and well-told story of Willie Francis offers a
four-decade-old view of both the society's commitment to this
principle, and the Supreme Court's unwillingness then and now to
challenge it. Derrick Bell, Harvard Law School ... not just a good'
but a splendidly written, expertly researched, grippingly told, and
passionately presented tome that can proudly take its place
alongside Anthony Lewis' Gideon's Trumpet. Henry J. Abraham,
University of Virginia The case of Willie Francis has been
scrutinized and reexamined over the past several decades, and it is
still not clear whether he was guilty of the crime for which he was
executed in Louisiana forty years ago. Miller and Bowman's book
recounts the ordeal of this teenaged black youth who was sent a
second time to the electric chair a year after repeated attempts to
supply enough current to kill him failed. His tragic story raises
disturbing questions not only about capital punishment itself but
about the humanity of our methods of carrying out executions and
our capacity as a nation to uphold fundamental rights guaranteed by
our Constitution. Miller and Bowman describe Francis' experiences
from the time of his arrest, and they review the legal struggles
within the Supreme Court that followed the botched execution
attempt. In considering Eighth Amendment provisions against cruel
and unusual punishment, the Court held that Willie Francis'
previous subjection to electrical current did not make his
subsequent electrocution any more cruel in the constitutional sense
than any other electrocution. The authors examine the far-reaching
implications of this stand in light of the many similar--but
unpublicized--incidents of prolonged, agonizing executions by
electrocution, gas, and even lethal injection. They contend that
the Court has never faced the issue squarely and that its failure
to set limits on the inflicting of pain in the Willie Francis case
renders the Eighth Amendment guarantee meaningless.
Miller discusses the possible governmental sanctions against
integration and the possible ways in which the guarantees of the
First and Fourteenth Amendments might be sought and obtained for
private schools. He also analyzes the possible effects of
discriminatory administrative enforcement of laws as a weapon
against integration and the use of and protection against
extra-legal sanctions.
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the
latest in digital technology to make available again books from our
distinguished backlist that were previously out of print. These
editions are published unaltered from the original, and are
presented in affordable paperback formats, bringing readers both
historical and cultural value.
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