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Author: Kenneth Williams Publisher: Routledge ISBN: 1317094069 Category : Social Science Languages : en Pages : 227
Book Description
The role of capital punishment in America has been criticised by those for and against the death penalty, by the judiciary, academics, the media and by prison personnel. This book demonstrates that it is the inconsistent and often incoherent jurisprudence of the United States Supreme Court which accounts for a system so lacking in public confidence. Using case studies, Kenneth Williams examines issues such as jury selection, ineffective assistance of counsel, the role of race and claims of innocence which affect the Court's decisions and how these decisions are played out in the lower courts, often an inmate's last recourse before execution. Discussing international treaties and their lack of impact on capital punishment in America, this book has international appeal and makes an important contribution to legal scholarship. It also provides a unique understanding of the dynamics of an alarmingly problematic system and will be valuable to those interested in human rights and criminal justice.
Author: Kenneth Williams Publisher: Routledge ISBN: 1317094069 Category : Social Science Languages : en Pages : 227
Book Description
The role of capital punishment in America has been criticised by those for and against the death penalty, by the judiciary, academics, the media and by prison personnel. This book demonstrates that it is the inconsistent and often incoherent jurisprudence of the United States Supreme Court which accounts for a system so lacking in public confidence. Using case studies, Kenneth Williams examines issues such as jury selection, ineffective assistance of counsel, the role of race and claims of innocence which affect the Court's decisions and how these decisions are played out in the lower courts, often an inmate's last recourse before execution. Discussing international treaties and their lack of impact on capital punishment in America, this book has international appeal and makes an important contribution to legal scholarship. It also provides a unique understanding of the dynamics of an alarmingly problematic system and will be valuable to those interested in human rights and criminal justice.
Author: Austin Sarat Publisher: Univ of Massachusetts Press ISBN: 9781558498839 Category : Law Languages : en Pages : 0
Book Description
Includes bibliographical references and index.Death penalty scholars "assess the forms of legal subjectivity and legal community that are supported and constructed by the doctrines and practices of punishment by death in the United States. They help us understand what we do and who we become when we decide who is fit for execution." -- Back cover.
Author: Edward Feser Publisher: Ignatius Press ISBN: 1681497689 Category : Religion Languages : en Pages : 426
Book Description
The Catholic Church has in recent decades been associated with political efforts to eliminate the death penalty. It was not always so. This timely work reviews and explains the Catholic Tradition regarding the death penalty, demonstrating that it is not inherently evil and that it can be reserved as a just form of punishment in certain cases. Drawing upon a wealth of philosophical, scriptural, theological, and social scientific arguments, the authors explain the perennial teaching of the Church that capital punishment can in principle be legitimate—not only to protect society from immediate physical danger, but also to administer retributive justice and to deter capital crimes. The authors also show how some recent statements of Church leaders in opposition to the death penalty are prudential judgments rather than dogma. They reaffirm that Catholics may, in good conscience, disagree about the application of the death penalty. Some arguments against the death penalty falsely suggest that there has been a rupture in the Church's traditional teaching and thereby inadvertently cast doubt on the reliability of the Magisterium. Yet, as the authors demonstrate, the Church's traditional teaching is a safeguard to society, because the just use of the death penalty can be used to protect the lives of the innocent, inculcate a horror of murder, and affirm the dignity of human beings as free and rational creatures who must be held responsible for their actions. By Man Shall His Blood Be Shed challenges contemporary Catholics to engage with Scripture, Tradition, natural law, and the actual social scientific evidence in order to undertake a thoughtful analysis of the current debate about the death penalty.
Author: Dale S. Recinella Publisher: Northeastern University Press ISBN: 1555538622 Category : Religion Languages : en Pages : 463
Book Description
While secular support for capital punishment in America seems to be waning, religious conservatives, particularly in the "Bible belt," remain staunch advocates of the death penalty, citing biblical law and practice to defend government-sanctioned killing. Dale S. Recinella compares biblical teaching about the death penalty, including such passages as "eye for eye, tooth for tooth, life for life," with the nation's current system of capital punishment, and offers persuasive arguments for a faith-based moratorium on -- and eventual abolition of -- executions. Framing his careful and incisive analysis as a legal brief to those who believe the Bible mandates the ultimate punishment, the author addresses two critical areas of inquiry: what do the scriptures tell us about who is deserving of death and who has the authority to kill, and what do they tell us about the required standards for execution and the plight of victims' families. Recinella's examination of the Hebrew Torah, or Christian Pentateuch, and the Talmud reveals that the biblical death penalty was not a simple system of swift retribution, but a complex and practical set of laws that guided capital courts established under the Sanhedrin. His scrutiny of these texts, the Christian doctrine of atonement, and Romans 13 in the Pauline Epistles, draws parallels between the traditional biblical arguments used in favor of capital punishment and those used as the basis for pro-slavery positions in the nineteenth century. Demonstrating that both approaches are unsubstantiated in biblical terms, Recinella debunks the accepted religious reasoning for support of the death penalty and shows instead that the Bible's strict conditions for sanctioning execution are at odds with the arbitrary ways in which capital punishment is administered in the United States. He provides convincing evidence that a sentence of death in today's criminal justice system in fact fails to meet both the Bible's exacting procedural requirements and its strict limitations on judicial authority. By providing actual scriptural language and foundation to counter the position that biblical truth justifies a pro-death penalty stance, this thoughtful, solidly researched, and well-reasoned work will give pause to religious fundamentalists and challenge them to rethink their strongly held views on capital punishment.
Author: Ernest Van den Haag Publisher: Springer Science & Business Media ISBN: 1489927875 Category : Social Science Languages : en Pages : 314
Book Description
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.
Author: Frank R. Baumgartner Publisher: Oxford University Press ISBN: 0190841540 Category : Law Languages : en Pages : 417
Book Description
Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.
Author: Evan Mandery Publisher: Jones & Bartlett Publishers ISBN: 1449605982 Category : Law Languages : en Pages : 613
Book Description
This revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.
Author: Walter Berns Publisher: Upa ISBN: Category : Capital punishment Languages : en Pages : 232
Book Description
This distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court's most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979.
Author: Robin Conley Publisher: Oxford University Press ISBN: 0199334161 Category : Language Arts & Disciplines Languages : en Pages : 253
Book Description
"Confronting the Death Penalty probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, Robin Conley explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials."--Provided by publisher.
Author: Kenneth Williams
Author: Kenneth Williams
Author: Austin Sarat
Author: Edward Feser
Author: Dale S. Recinella
Author: Ernest Van den Haag
Author: Frank R. Baumgartner
Author: Hugo Adam Bedau
Author: Evan Mandery
Author: Walter Berns
Author: Robin Conley