CJ 641 Death Penalty in America: Home

Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all. Nearly 100 influential Supreme Court capital punishment-related cases from 1878-2002 are examined, beginning with Wilkerson v. Utah, which question not the legitimacy of capital punishment, but the methods of execution. Over time, focus shifted from the constitutionality of certain methods to the fairness of who was being sentenced for capital crimes—and why. The watershed 1972 ruling Furman v. Georgia reversed the Court's stand on capital punishment, holding that the arbitrary and capricious imposition of the death penalty is cruel and unusual punishment, and therefore unconstitutional. Furman clarified that any new death penalty legislation must contain sentencing procedures that avoid the arbitrary infliction of a life-ending verdict, which led to the current complex tangle of issues surrounding the death penalty and its constitutional viability.

When news breaks that a convicted murderer, released from prison, has killed again, or that an innocent person has escaped the death chamber in light of new DNA evidence, arguments about capital punishment inevitably heat up. Few controversies continue to stir as much emotion as this one, and public confusion is often the result. This volume brings together seven experts--judges, lawyers, prosecutors, and philosophers--to debate the death penalty in a spirit of open inquiry and civil discussion. Here, as the contributors present their reasons for or against capital punishment, the multiple facets of the issue are revealed in clear and thought-provoking detail. Is the death penalty a viable deterrent to future crimes? Does the imposition of lesser penalties, such as life imprisonment, truly serve justice in cases of the worst offences? Does the legal system discriminate against poor or minority defendants? Is the possibility of executing innocent persons sufficient grounds for abolition? In confronting such questions and making their arguments, the contributors marshal an impressive array of evidence, both statistical and from their own experiences working on death penalty cases. The book also includes the text of Governor George Ryan's March 2002 speech in which he explained why he had commuted the sentences of all prisoners on Illinois's death row. By representing the viewpoints of experts who face the vexing questions about capital punishment on a daily basis, Debating the Death Penalty makes a vital contribution to a more nuanced understanding of the moral and legal problems underlying this controversy.

Death Penalty Cases provides an unbiased collection of seminal death penalty cases in the United States. It offers full but carefully edited excerpts from 25 different US Supreme Court cases along with helpful introductory materials specially prepared by the editor. It also includes the latest statistical data on capital punishment [and a useful sampling of death penalty statutes]. Together, this material is invaluable for a full understanding of this fascinating subject. Without taking sides on this controversial issue, the author illuminates the arguments and presents the cases that form the framework for US law on capital punishment. The keen selection of the material and the quality and extent of the commentary make this unique textbook a superb resource and an outstanding educational tool. * Carefully edited excerpts from 25 landmark US Supreme Court cases * Outstanding original interpretation and analysis from the author * A wealth of impartial material on ethics and historical controversies

In The Death Penalty in America: Current Controversies, Hugo Adam Bedau, one of our preeminent scholars on the subject, provides a comprehensive sourcebook on the death penalty, making the process of informed consideration not only possible but fascinating as well. No mere revision of the third edition of The Death Penalty in America--which the New York Times praised as "the most complete, well-edited and comprehensive collection of readings on the pros and cons of the death penalty"--this volume brings together an entirely new selection of 40 essays and includes updated statistical and research data, recent Supreme Court decisions, and the best current contributions to the debate over capital punishment. From the status of the death penalty worldwide to current attitudes of Americans toward convicted killers, from legal arguments challenging the constitutionality of the death penalty to moral arguments enlisting the New Testament in support of it, from controversies over the role of race and class in the judicial system to proposals to televise executions, Bedau gathers readings that explore all the most compelling aspects of this most compelling issue.

A comprehensive account of the death penalty in the United States. Stuart Banner tells the story of dramatic changes, over four centuries, in the ways capital punishment has been administered and experienced. In the seventeenth and eighteenth centuries, death was the standard penalty for a laundry list of crimes--from adultery to murder, from arson to horse- theft. Hangings were public events, staged before enormous audiences, attended by women and men, young and old, black and white. Early on, the gruesome spectacle was an explicitly religious event--replete with sermons, confessions, and last-minute penitence--to promote the salvation of both the condemned person and the spectators. Through the nineteenth century, in response to changing mores, execution became increasingly secular and private. In the twentieth and twenty-first centuries, as execution has become a quiet, sanitary, technological procedure, the death penalty is as divisive as ever. Re-creating what it was like to be the condemned prisoner, the executioner, and the eyewitness, Banner moves beyond the debates to give us an understanding of America's ultimate punishment.

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