Death & Discrimination

Death & Discrimination
Author: Samuel R. Gross
Publisher:
Total Pages: 296
Release: 1989
Genre: Social Science
ISBN:

Studies the capital sentencing patterns in Florida, Georgia, Illinois, Oklahoma, Mississippi, North Carolina, Virginia and Arkansas for the years 1976 through 1980. Suggests that, in the aftermath of Furman v. Georgia, various state efforts to improve the evenhandedness of the capital punishment system still need improvements and just alternatives.

Dialogues on the Ethics of Capital Punishment

Dialogues on the Ethics of Capital Punishment
Author: Dale Jacquette
Publisher: Rowman & Littlefield Publishers
Total Pages: 149
Release: 2009-02-04
Genre: Philosophy
ISBN: 0742563863

One in the series New Dialogues in Philosophy, edited by the author himself, Dale Jacquette presents a fictional dialogue over a three-day period on the ethical complexities of capital punishment. Jacquette moves his readers from outlining basic issues in matters of life and death, to questions of justice and compassion, with a concluding dialogue on the conditional and unconditional right to life. Jacquette's characters talk plainly and thoughtfully about the death penalty, and readers are left to determine for themselves how best to think about the morality of putting people to death.

Invitation to an Execution

Invitation to an Execution
Author: Gordon Morris Bakken
Publisher: UNM Press
Total Pages: 694
Release: 2010-11-16
Genre: Political Science
ISBN: 0826348580

Until the early twentieth century, printed invitations to executions issued by lawmen were a vital part of the ritual of death concluding a criminal proceeding in the United States. In this study, Gordon Morris Bakken invites readers to an understanding of the death penalty in America with a collection of essays that trace the history and politics of this highly charged moral, legal, and cultural issue. Bakken has solicited essays from historians, political scientists, and lawyers to ensure a broad treatment of the evolution of American cultural attitudes about crime and capital punishment. Part one of this extensive analysis focuses on politics, legal history, multicultural issues, and the international aspects of the death penalty. Part two offers a regional analysis with essays that put death penalty issues into a geographic and cultural context. Part three focuses on specific states with emphasis on the need to understand capital punishment in terms of state law development, particularly because states determine on whom the death penalty will be imposed. Part four examines the various means of death, from hanging to lethal injection, in state law case studies. And finally, part five focuses on the portrayal of capital punishment in popular culture.

Courting Death

Courting Death
Author: Carol S. Steiker
Publisher: Harvard University Press
Total Pages: 401
Release: 2016-11-07
Genre: History
ISBN: 0674737423

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

Eligible for Execution

Eligible for Execution
Author: Thomas G. Walker
Publisher: SAGE
Total Pages: 472
Release: 2008-07-15
Genre: Political Science
ISBN: 1483304531

This riveting and enlightening narrative unfolds on the night of August 16, 1996, with the brutal and senseless murder of Eric Nesbitt, a young man stationed at Langley Air Force Base, at the hands of 18-year-old Daryl Atkins. Over the course of more than a decade, Atkins’s case has bounced between the lowest and the highest levels of the judicial system. Found guilty and then sentenced to death in 1998 for Nesbitt’s murder, the Atkins case was then taken up in 2002 by the U.S. Supreme Court. The issue before the justices: given Daryl Atkins’s mental retardation, would his execution constitute cruel and unusual punishment, in violation of the Eighth Amendment? A 6–3 vote said yes. Daryl Atkins’s situation was far from being resolved though. Prosecutors claimed that Atkins failed to meet the statutory definition of mental retardation and reinstituted procedures to carry out his death sentence. Back in circuit court, the jury returned its verdict: Daryl Atkins was not retarded. Atkins’s attorneys promptly filed a notice of appeal, and the case continues today. Drawing on interviews with key participants; direct observation of the hearings; and close examination of court documents, transcripts, and press accounts, Thomas G. Walker provides readers with a rare view of the entire judicial process. Never losing sight of the stakes in a death penalty case, he explains each step in Atkins’s legal journey from the interactions of local law enforcement, to the decision-making process of the state prosecutor, to the Supreme Court’s ruling, and beyond. Walker sheds light on how legal institutions and procedures work in real life—and how they are all interrelated—to help students better understand constitutional issues, the courts, and the criminal justice system. Throughout, Walker also addresses how disability, race, and other key demographic and social issues affect the case and society’s views on the death penalty.

From Lynch Mobs to the Killing State

From Lynch Mobs to the Killing State
Author: Charles J. Ogletree
Publisher: NYU Press
Total Pages: 320
Release: 2006-05
Genre: Law
ISBN: 0814740219

Situates the linkage between race and the death penalty in the history of the U.S. Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country's history of punishment. In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essays approach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment. From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
Total Pages: 1294
Release: 2014-11-27
Genre: Law
ISBN: 0191654604

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

We, the Jury

We, the Jury
Author: Jeffrey B. Abramson
Publisher: Harvard University Press
Total Pages: 356
Release: 2000
Genre: Business & Economics
ISBN: 9780674004306

This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.