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This book addresses the myriad controversies and examines the evidence regarding capital punishment in America. It answers questions regarding topics like the efficacy of capital punishment in deterring violent crime, the risks of mistakes, legal issues related to capital punishment, and the monetary costs of keeping inmates on death row. Does the possibility of being put to death deter crime? Do the methods of execution matter? Is it possible for a state-ordered execution to be botched? Are innocent people ever sent to death row? Are there racial biases or other prejudices associated with the death penalty? This book examines the history of capital punishment in the United States; describes the significant issues, events, and cases; and addresses the controversies and legal issues surrounding capital punishment, making this important topic accessible to a wide range of readers. The book presents both sides of the argument on whether capital punishment should continue or be abolished, looking at the evidence regarding whether it is necessary for carrying out justice and deterring violent crime or whether the practice is inhumane, ineffective, biased in its application, and costly. Readers will gain insights into how capital punishment should be used, if at all; whether effective safeguards are in place to ensure that only the guilty receive the death penalty; what crimes deserve this sentence; whether juveniles or individuals with diminished mental capacity should ever be sentenced to death; potentially viable alternatives to the death penalty; and the hidden costs involved in our capital punishment system that make it so expensive. The book also contains primary documents relevant to capital punishment, such as excerpts from documents like the U.S. Constitution, the Hittite case laws, and the Code of Hammurabi, as well as descriptions of and excerpts from key cases decided by the U.S. Supreme Court. Presents "Perspectives" from various writers, allowing readers to consider opinions from many informed individuals-including judges, prosecutors, defense attorneys, and professors-who are concerned with capital punishment Supplies easy-to-understand information for general readers seeking to learn more about the history, purposes, effects, methods, and costs of capital punishment Provides a balanced, objective discussion of the arguments and complex issues regarding capital punishment, enabling readers to reach their own opinions and conclusions
When is the death penalty considered "cruel and unusual punishment" or "constitutionally permissible"? This book exposes readers directly to landmark opinions of the U.S. Supreme Court that strive to answer difficult questions regarding capital punishment. This book provides far more than an effective overview of the history, current status, and future of capital punishment in America; it supplies excerpts of the words of the justices themselves to make these judicial opinions readily accessible and understandable to general audiences. As a result, readers can see what the justices had to say for themselves regarding more than 30 important cases involving the death penalty-without relying on any intermediary interpretations of their statements. After a brief historical summary of the debate over capital punishment and the arguments favoring and opposing capital punishment, the book "decodes" how the justices have interpreted and applied constitutional provisions to historical and contemporary controversies. Each case includes brief narrative commentaries inserted by the authors to provide context for the justices' words. Additionally, the excerpted judicial opinions are presented as primary source documents for the reader's inspection and reflection. Presents the opinions of the Supreme Court in significant capital punishment or cruel and unusual punishment cases through the carefully excerpted words of the justices themselves Organizes information chronologically to facilitate students tracing the evolution of capital punishment in the United States Uses documents and insightful commentary to clarify and explain the arguments for and against capital punishment, providing unbiased information that allows readers to fairly consider both sides of the debate Recognizes the trends in the Supreme Court's decisions involving the death penalty and cruel and unusual punishment Ties court opinions to developments in law, technology, and society, such as the advent of DNA evidence Provides an ideal resource for undergraduate students studying constitutional law, civil rights/liberties, criminal justice, American government, and American history; as well as high school students in relevant advanced placement courses
This balanced approach to legal precedent and moral argument regarding the death penalty presents the evidence so readers can reach their own informed conclusions. Capital Punishment examines the debate around the death penalty, raising questions and attempting to provide an even-handed examination of this controversial practice. The authors combine analysis of important issues with excerpts from landmark legal decisions, important documents, survey results, and empirical data. The first part of the book discusses the origins of the death penalty and traces its development from antiquity to contemporary times. Detailed statistical information about capital punishment is presented and discussed, and the death penalty is considered against a constitutional backdrop with various arguments-for and against-articulated. The second part of the book consists of three appendices. The first appendix presents an annotated list of important capital-punishment cases; the second supplies a more general chronological treatment of capital punishment; and the third provides a bibliographic essay directing readers to other relevant sources of interest. A thorough and insightful treatment, Capital Punishment provides both a summary of the current state of capital punishment and a discussion of areas of continuing controversy. 15 black-and-white photos Excerpts from legal documents, court decisions, and statistical and survey data Timeline Bibliography
In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue. The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment." Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes. A focused list of primary source documents includes the Magna Carta, the Northwest Ordinance, the 5th, 8th, and 14th Amendments, and excerpts from the Federalist Papers Appendixes include tables and charts on public opinion on the death penalty, state statistics, federal sentencing guidelines, and a bibliography
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