Against Capital Punishment

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Against Capital Punishment

Author : Benjamin S. Yost
Publisher : Oxford University Press
ISBN 13 : 0190901179
Total Pages : 297 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Against Capital Punishment by : Benjamin S. Yost

Download or read book Against Capital Punishment written by Benjamin S. Yost and published by Oxford University Press. This book was released on 2019-02-13 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The specter of procedural injustice motivates many popular and scholarly objections to capital punishment. So-called proceduralist arguments against the death penalty are attractive to death penalty abolitionists because they sidestep the controversies that bedevil moral critiques of execution. Proceduralists do not shoulder the burden of demonstrating that heinous murderers deserve a punishment less than death. However, proceduralist arguments often pay insufficient attention to the importance of punishment; many imply the highly contentious claim that no type of criminal sanction is legitimate. In Against Capital Punishment, Benjamin S. Yost revitalizes the core of proceduralism both by examining the connection between procedural injustice and the impermissibility of capital punishment and by offering a comprehensive argument of his own which confronts proceduralism's most significant shortcomings. Yost is the first author to develop and defend the irrevocability argument against capital punishment, demonstrating that the irremediability of execution renders capital punishment impermissible. His contention is not that the act of execution is immoral, but rather that the possibility of irrevocable mistakes precludes the just administration of the death penalty. Shoring up proceduralist arguments for the abolition of the death penalty, Against Capital Punishment carries with it implications not only for the continued use of the death penalty in the criminal justice system, but also for the structure and integrity of the system as a whole.

Against Capital Punishment

Author : Herbert H. Haines
Publisher : Oxford University Press
ISBN 13 : 0198024932
Total Pages : 269 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Against Capital Punishment by : Herbert H. Haines

Download or read book Against Capital Punishment written by Herbert H. Haines and published by Oxford University Press. This book was released on 1996-04-11 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built on in-depth interviews with movement leaders and the records of key abolitionist organizations, this work traces the struggle against capital punishment in the United States since 1972. Haines reviews the legal battles that led to the short-lived suspension of the death penalty and examines the subsequent conservative turn in the courts that has forced death penalty opponents to rely less on litigation strategies and more on political action. Employing social movement theory, he diagnoses the causes of the anti-death penalty movement's inability to mobilize widespread opposition to executions, and he makes pointed recommendations for improving its effectiveness. For this edition Haines has included a new Afterword in which he summarizes developments in the movement since 1994.

Let the Lord Sort Them

Author : Maurice Chammah
Publisher : Crown
ISBN 13 : 1524760277
Total Pages : 368 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis Let the Lord Sort Them by : Maurice Chammah

Download or read book Let the Lord Sort Them written by Maurice Chammah and published by Crown. This book was released on 2021-01-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.

Against the Death Penalty

Author : Stephen Breyer
Publisher :
ISBN 13 : 9780815740568
Total Pages : 0 pages
Book Rating : 4.7/5 (45 download)

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Book Synopsis Against the Death Penalty by : Stephen Breyer

Download or read book Against the Death Penalty written by Stephen Breyer and published by . This book was released on 2023-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Does the Death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues yes, it does: it is carried out unfairly and inconsistently, thus violating the ban on "cruel and unusual punishments" in the Eighth Amendment to the Constitution. Against the Death Penalty contains the full text of Justice Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to the state of Oklahoma's use of a lethal-injection drug that could cause severe pain. This volume includes an introduction to the case and a history of the challenges to the constitutionality of the death penalty by law professor John D. Bessler. Throughout Against the Death Penalty, Justice Breyer's legal citations are made accessible by Bessler's explanatory notes, but the text retains the full force of Breyer's powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. This passionate argument has been cited by many legal experts including the late Justice Antonin Scalia--as signaling an eventual Court ruling striking down the death penalty."

End of Its Rope

Author : Brandon Garrett
Publisher : Harvard University Press
ISBN 13 : 0674970993
Total Pages : 343 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis End of Its Rope by : Brandon Garrett

Download or read book End of Its Rope written by Brandon Garrett and published by Harvard University Press. This book was released on 2017-09-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: An awakening -- Inevitability of innocence -- Mercy vs. justice -- The great American death penalty decline -- The defense lawyering effect -- Murder insurance -- The other death penalty -- The execution decline -- End game -- The triumph of mercy

The Case Against the Death Penalty

Author : Hugo Adam Bedau
Publisher :
ISBN 13 : 9780914031017
Total Pages : 0 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis The Case Against the Death Penalty by : Hugo Adam Bedau

Download or read book The Case Against the Death Penalty written by Hugo Adam Bedau and published by . This book was released on 1984 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitrary Death

Author : Rick Unklesbay
Publisher : Wheatmark, Inc.
ISBN 13 : 1627876812
Total Pages : 162 pages
Book Rating : 4.6/5 (278 download)

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Book Synopsis Arbitrary Death by : Rick Unklesbay

Download or read book Arbitrary Death written by Rick Unklesbay and published by Wheatmark, Inc.. This book was released on 2019-05-10 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over a career spanning nearly four decades, Rick Unklesbay has tried over one hundred murder cases before juries that ended with sixteen men and women receiving the death sentence. Arbitrary Death depicts some of the most horrific murders in Tucson, Arizona, the author's prosecution of those cases, and how the death penalty was applied. It provides the framework to answer the questions: Why is America the only Western country to still use the death penalty? Can a human-run system treat those cases fairly and avoid unconstitutional arbitrariness? It is an insider's view from someone who has spent decades prosecuting murder cases and who now argues that the death penalty doesn't work and our system is fundamentally flawed. With a rational, balanced approach, Unklesbay depicts cases that represent how different parts of the criminal justice system are responsible for the arbitrary nature of the death penalty and work against the fair application of the law. The prosecution, trial courts, juries, and appellate courts all play a part in what ultimately is a roll of the dice as to whether a defendant lives or dies. Arbitrary Death is for anyone who wonders why and when its government seeks to legally take the life of one of its citizens. It will have you questioning whether you can support a system that applies death as an arbitrary punishment -- and often decades after the sentence was given.

Against the Death Penalty

Author : Cesare Beccaria
Publisher : Princeton University Press
ISBN 13 : 069121137X
Total Pages : 232 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Against the Death Penalty by : Cesare Beccaria

Download or read book Against the Death Penalty written by Cesare Beccaria and published by Princeton University Press. This book was released on 2020-11-10 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first known abolitionist critique of the death penalty—here for the first time in English In 1764, a Milanese aristocrat named Cesare Beccaria created a sensation when he published On Crimes and Punishments. At its centre is a rejection of the death penalty as excessive, unnecessary, and pointless. Beccaria is deservedly regarded as the founding father of modern criminal-law reform, yet he was not the first to argue for the abolition of the death penalty. Against the Death Penalty presents the first English translation of the Florentine aristocrat Giuseppe Pelli's critique of capital punishment, written three years before Beccaria's treatise, but lost for more than two centuries in the Pelli family archives. Peter Garnsey examines the contrasting arguments of the two abolitionists, who drew from different intellectual traditions. Pelli was a devout Catholic influenced by the writings of natural jurists such as Hugo Grotius, whereas Beccaria was inspired by the French Enlightenment philosophers. While Beccaria attacked the criminal justice system as a whole, Pelli focused on the death penalty, composing a critique of considerable depth and sophistication. Garnsey explores how Beccaria's alternative penalty of forced labour, and its conceptualisation as servitude, were embraced in Britain and America, and delves into Pelli's voluminous diaries, shedding light on Pelli's intellectual development and painting a vivid portrait of an Enlightenment man of letters and of conscience. With translations of letters exchanged by the two abolitionists and selections from Beccaria's writings, Against the Death Penalty provides new insights into eighteenth-century debates about capital punishment and offers vital historical perspectives on one of the most pressing questions of our own time.

Courting Death

Author : Carol S. Steiker
Publisher : Harvard University Press
ISBN 13 : 0674737423
Total Pages : 401 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Courting Death by : Carol S. Steiker

Download or read book Courting Death written by Carol S. Steiker and published by Harvard University Press. This book was released on 2016-11-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death

Jesus on Death Row

Author : Prof. Mark Osler
Publisher : Abingdon Press
ISBN 13 : 1426722893
Total Pages : 219 pages
Book Rating : 4.4/5 (267 download)

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Book Synopsis Jesus on Death Row by : Prof. Mark Osler

Download or read book Jesus on Death Row written by Prof. Mark Osler and published by Abingdon Press. This book was released on 2010-09-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the most infamous criminal proceeding in history--the trial of Jesus of Nazareth--have to tell us about capital punishment in the United States? Jesus Christ was a prisoner on death row. If that statement surprises you, consider this fact: of all the roles that Jesus played--preacher, teacher, healer, mentor, friend--none features as prominently in the gospels as this one, a criminal indicted and convicted of a capital offense. Now consider another fact: the arrest, trial, and execution of Jesus bear remarkable similarities to the American criminal justice system, especially in capital cases. From the use of paid informants to the conflicting testimony of witnesses to the denial of clemency, the elements in the story of Jesus' trial mirror the most common components in capital cases today. Finally, consider a question: How might we see capital punishment in this country differently if we realized that the system used to condemn the Son of God to death so closely resembles the system we use in capital cases today? Should the experience of Jesus' trial, conviction, and execution give us pause as we take similar steps to place individuals on death row today? These are the questions posed by this surprising, challenging, and enlightening book

Deterrence and the Death Penalty

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309254167
Total Pages : 144 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Deterrence and the Death Penalty by : National Research Council

Download or read book Deterrence and the Death Penalty written by National Research Council and published by National Academies Press. This book was released on 2012-05-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.

Debating the Death Penalty

Author : Hugo Adam Bedau
Publisher : Oxford University Press
ISBN 13 : 9780195179804
Total Pages : 260 pages
Book Rating : 4.1/5 (798 download)

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Book Synopsis Debating the Death Penalty by : Hugo Adam Bedau

Download or read book Debating the Death Penalty written by Hugo Adam Bedau and published by Oxford University Press. This book was released on 2005-03-24 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts on both side of the issue speak out both for and against capital punishment and the rationale behind their individual beliefs.

Capital Punishment on Trial

Author : David M. Oshinsky
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Capital Punishment on Trial by : David M. Oshinsky

Download or read book Capital Punishment on Trial written by David M. Oshinsky and published by . This book was released on 2010 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Pulitzer Prize-winning historian takes a new and closer look at the Supreme Court's controversial and much-debated stance on capital punishment in the landmark case of Furman v. Georgia.

The Death Penalty

Author : Ernest Van den Haag
Publisher : Springer Science & Business Media
ISBN 13 : 1489927875
Total Pages : 314 pages
Book Rating : 4.4/5 (899 download)

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Book Synopsis The Death Penalty by : Ernest Van den Haag

Download or read book The Death Penalty written by Ernest Van den Haag and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.

Cruel and Unusual

Author : Michael Meltsner
Publisher : Quid Pro Books
ISBN 13 : 1610270975
Total Pages : 326 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Cruel and Unusual by : Michael Meltsner

Download or read book Cruel and Unusual written by Michael Meltsner and published by Quid Pro Books. This book was released on 2011-07-23 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The true and gripping account of the nine-year struggle by a small band of lawyers to abolish the death penalty in the United States. Its new edition features a 2011 Foreword by death-penalty author Evan Mandery of CUNY's John Jay College of Criminal Justice, as well as a new Preface by the author.The mission, plotted out over lunch in New York's Central Park in the early 1960s, seemed as impossible as going to the moon: abolish capital punishment in every state. The approach would fight on multiple fronts, with multiple strategies. The people would be dedicated, bright, unsure, unpopular, and fascinating. This is their story: not only the cases and the arguments before courts, the death row inmates and their victims, the judges and politicians urging law and order, this is the true account of the real-life lawyers from the inside. The United States indeed went to the moon, and a few years later the U.S. Supreme Court ruled the death penalty unconstitutional. The victory was long-sought and sweet, and the pages of this book vividly let the reader live the struggle and the victory. And while the abolition eventually became as impermanent as the nation's presence on the moon, these dedicated attorneys certainly made a difference. This is their tale.As Evan Mandery writes in his new Foreword, "In these pages, Meltsner lays bare every aspect of his and his colleaguesi thinking. You will read how they handicapped their chances, which arguments they thought would work (you may be surprised), and what they thought of the Supreme Court justices who would decide the crucial cases. You will come to understand what they perceived to be the basis for support for the death penalty, and, with Meltsner's unflinching honesty, what they perceived to be the inconsistencies in their position."Mandery concludes: "It is my odd lot in life to have read almost every major book ever written about the death penalty in America. This is the best and the most important. Every serious scholar who wants to advance an argument about capital punishment in the United States--whether it is abolitionist or in favor of the death penalty, or merely a tactical assessment--cites this book. It is open and supremely accessible." And the author's "constitutional vision was years ahead of its time. His book is timeless." Part of the Legal History and Biography Series from Quid Pro Books, the new ebook editions feature embedded pagination from previous editions (consistent with the new paperback edition as well, allowing continuity in all formats), active TOC and endnotes, and quality digital formatting.

Perspectives on Capital Punishment in America

Author : Charles E. MacLean
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781490484075
Total Pages : 0 pages
Book Rating : 4.4/5 (84 download)

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Book Synopsis Perspectives on Capital Punishment in America by : Charles E. MacLean

Download or read book Perspectives on Capital Punishment in America written by Charles E. MacLean and published by Createspace Independent Publishing Platform. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Searching inquiry into the contours of capital punishment in America. Containing over 1300 footnotes, the chapters by ten young scholars explore the sometimes-ignored fine details of the death penalty. Topics include the impropriety of applying the death penalty to felony murder, the implications of death row exonerations and their impact on access to post-conviction DNA testing, media impacts on capital cases, death qualification of capital juries and its impact on the right of prospective capital jurors to enjoy First Amendment protection of the free exercise of their religions, the fiscal conservative and social conservative argument favoring abolition of the death penalty, the need for a heightened standard of proof - greater than beyond a reasonable doubt - at the penalty phase of capital trials, federal habeas corpus protections for state-sentenced capital offenders and the constitutionality of limits on "actual innocence" equitable tolling, tips and techniques for capital defense counsel representing defendants who were acutely substance-impaired at the time of the crime or have a history of chronic substance abuse or chemical dependency, the impropriety of allowing counsel to argue fiscal matters to the jury, such as that either execution or life imprisonment is the "cheapest" option for society, and the role the death penalty should and does play within the Uniform Code of Military Justice. Arising out of a Death Penalty Seminar, and much more than a mere re-hashing of the arguments favoring and opposing the death penalty, this volume presents scholarship intended to help fuel the capital punishment debate in America.

When the State Kills

Author : Austin Sarat
Publisher : Princeton University Press
ISBN 13 : 0691188661
Total Pages : 351 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis When the State Kills by : Austin Sarat

Download or read book When the State Kills written by Austin Sarat and published by Princeton University Press. This book was released on 2018-06-05 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.