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The Death Penalty - Justice or Revenge? by Ioanna Kuçuradi Pdf
This volume consists of papers and interviews which attempt to shed a strong light on the ethical problems that the death penalty presents, to put a finger on what constitutes the core problem of this punishment, and to show where humanity stands in this respect in the first quarter of the 21 st century. Its contributors are Robert (Renny) Cushing, Michele Duvivier Pierre-Louis, Tsakhia Elbegdorj, Gilbert (Gill) Garcetti, Hanne Sophie Greve, Phillip F. Iya, Sylvie Zainabo Kayitesi, Ioanna Kucuradi (ed.), Gloria Macapagal-Arroyo, Joaquin Jos'e Martínez, Federico Mayor, Ibrahim Najjar, Rajiv Narayan, Navanethem (Navi) Pillay, Bill Richardson, Jos'e Luis Rodriguez Zapatero, Horacio Verbitsky and Asunta Vivo.
A professor of social psychology explores the history of execution in America, weighing its social costs, discussing its potential benefits and problems, and building a new model for understanding the politics behind the death penalty.
The Culture of Vengeance and the Fate of American Justice by Terry Kenneth Aladjem Pdf
America is driven by vengeance in Terry Aladjem's provocative account - a reactive, public anger that is a threat to democratic justice itself. From the return of the death penalty to the wars on terror and in Iraq, Americans demand retribution and moral certainty; they assert the 'rights of victims' and make pronouncements against 'evil'. Yet for Aladjem this dangerously authoritarian turn has its origins in the tradition of liberal justice itself - in theories of punishment that justify inflicting pain and in the punitive practices that result. Exploring vengeance as the defining problem of our time, Aladjem returns to the theories of Locke, Hegel and Mill. He engages the ancient Greeks, Nietzsche, Paine and Foucault to challenge liberal assumptions about punishment. He interrogates American law, capital punishment and images of justice in the media. He envisions a democratic justice that is better able to contain its vengeance.
"Justice for Deborah Thornton is complete, " Richard Thornton said after the execution of her killer, Karla Faye Tucker, in Texas. "I want to say to every victim in the world, demand this." But which form of justice is this victim demanding-retribution or restoration? Taking seriously the claims of death penalty supporters, Lloyd Steffen constructs a theory of just execution. For every acknowledged killer on death row there are dozens who maintain their innocence. Supporters of the death penalty -- along with its opponents -- must demand fairness so that innocent persons are not subjected to the terror of an unjust execution. Reminding us that Jesus likewise faced the terror of unjust execution, Steffen asks Christians to reacquaint themselves with the symbol of the cross as an instrument of state terror rather than a divine decoration.
The Culture of Vengeance and the Fate of American Justice by Terry K. Aladjem Pdf
America is driven by vengeance in Terry Aladjem's provocative account – a reactive, public anger that is a threat to democratic justice itself. From the return of the death penalty to the wars on terror and in Iraq, Americans demand retribution and moral certainty; they assert the 'rights of victims' and make pronouncements against 'evil'. Yet for Aladjem this dangerously authoritarian turn has its origins in the tradition of liberal justice itself – in theories of punishment that justify inflicting pain and in the punitive practices that result. Exploring vengeance as the defining problem of our time, Aladjem returns to the theories of Locke, Hegel and Mill. He engages the ancient Greeks, Nietzsche, Paine and Foucault to challenge liberal assumptions about punishment. He interrogates American law, capital punishment and images of justice in the media. He envisions a democratic justice that is better able to contain its vengeance.
Author : Ernest Van den Haag,John Phillips Conrad Publisher : Springer Science & Business Media Page : 314 pages File Size : 55,8 Mb Release : 2013-06-29 Category : Social Science ISBN : 9781489927873
The Death Penalty by Ernest Van den Haag,John Phillips Conrad Pdf
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.
Controversy rages about capital punishment as innocent men and women are being released from death rows all over the country. Are innocent people being executed? Is capital punishment justice or is it revenge? Into the debate steps Mark Fuhrman, America's most famous detective, and no stranger to controversy himself. Fuhrman seeks to answer these questions by investigating the death penalty in Oklahoma, where a "hang 'em high" attitude of cowboy justice resulted in twenty–one executions in 2001, more than any other state. Most of these cases came from one jurisdiction, Oklahoma County, where legendary DA Bob Macy bragged of sending more people to death row than any other prosecutor, and police chemist Joyce Gilchrist was eventually fired for mismanaging the crime lab. Examining police records, trial transcripts, appellate decisions and conducting hundreds of interviews, Fuhrman focuses his considerable investigative skills on more than a dozen of the most controversial Oklahoma death penalty cases.
The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.
Author : Evan J. Mandery Publisher : W. W. Norton & Company Page : 545 pages File Size : 51,7 Mb Release : 2013-08-19 Category : History ISBN : 9780393239584
A Wild Justice: The Death and Resurrection of Capital Punishment in America by Evan J. Mandery Pdf
New York Times Book Review Editor's Choice Drawing on never-before-published original source detail, the epic story of two of the most consequential, and largely forgotten, moments in Supreme Court history. For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia’s death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America. Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction. A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.
There are more prisoners on death row than ever in U.S. history. Social psychologist Mark Costanzo's intelligent, provocative, and historically grounded study of the death penalty in America takes an unblinking look at how the system really works--not just how it's supposed to work. Weighing the costs and benefits, Costanzo builds an important new model for understanding the politics behind the practice of capital punishment.
Attitudes toward the death penalty have changed dramatically throughout the course of history, evolving from times when public executions were occasions of solemn and pious ritual to excuses for raucous entertainment, and finally to the modern era of private, bureaucratized, mechanized, and sanitized executions that are out of sight and out of mind. Conforming thus to modern sensibilities, state-sanctioned killing is somehow more acceptable to us than public hangings would have been, because we can imagine that the inmate's death is relatively painless, and not in violation of the Eighth Amendment's prohibition against cruel and unusual punishment. This may or may not be true; Stack presents compelling arguments to the contrary. What is certain is that Dead Wrong demonstrates beyond a doubt that death row is itself a form of psychological torture and of slow, painful dehumanization. Polls indicate that 75 percent of Americans favor the death penalty—but they also show that minds change when individuals are confronted with the facts. This book was written to offer those facts-and to change those minds. The United States is alone among Western democracies in its support for capital punishment, which was only briefly abolished throughout this country between 1972 and 1976. Today, 38 states have some form of capital punishment. Yet studies show that the death penalty is not a deterrent to crime, that racial disparities in the implementation of capital punishment are rampant, and that all kinds of procedural errors, incompetent defense lawyers, and mistaken eyewitness identifications lead to an alarming number of wrongful convictions. Attitudes toward the death penalty have changed dramatically throughout the course of history, evolving from times when public executions were occasions of solemn and pious ritual to those when it was an excuse for raucous entertainment, and finally to the modern era of private, bureaucratized, mechanized, and sanitized executions conducted out of sight and out of mind. Conforming thus to modern sensibilities, state-sanctioned killing is somehow more acceptable to us than public hangings, because we can imagine that the inmate's death is relatively painless, and not in violation of the Eighth Amendment's prohibition against cruel and unusual punishment. This may or may not be true; Stack presents compelling arguments to the contrary. What is certain is that Dead Wrong demonstrates beyond a doubt that death row is itself a form of psychological torture and of slow, painful dehumanization.
Frank R. Baumgartner,Marty Davidson,Kaneesha R. Johnson,Arvind Krishnamurthy,Colin P. Wilson
Author : Frank R. Baumgartner,Marty Davidson,Kaneesha R. Johnson,Arvind Krishnamurthy,Colin P. Wilson Publisher : Oxford University Press Page : 417 pages File Size : 50,6 Mb Release : 2018 Category : Law ISBN : 9780190841546
Deadly Justice by Frank R. Baumgartner,Marty Davidson,Kaneesha R. Johnson,Arvind Krishnamurthy,Colin P. Wilson Pdf
In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and--not least--the Supreme Court itself.
Powerful, wry essays offering modern takes on a primitive practice, from one of our most widely read death penalty abolitionists As Ruth Bader Ginsburg has noted, people who are well represented at trial rarely get the death penalty. But as Marc Bookman shows in a dozen brilliant essays, the problems with capital punishment run far deeper than just bad representation. Exploring prosecutorial misconduct, racist judges and jurors, drunken lawyering, and executing the innocent and the mentally ill, these essays demonstrate that precious few people on trial for their lives get the fair trial the Constitution demands. Today, death penalty cases continue to capture the hearts, minds, and eblasts of progressives of all stripes—including the rich and famous (see Kim Kardashian’s advocacy)—but few people with firsthand knowledge of America’s “injustice system” have the literary chops to bring death penalty stories to life. Enter Marc Bookman. With a voice that is both literary and journalistic, the veteran capital defense lawyer and seven-time Best American Essays “notable” author exposes the dark absurdities and fatal inanities that undermine the logic of the death penalty wherever it still exists. In essays that cover seemingly “ordinary” capital cases over the last thirty years, Bookman shows how violent crime brings out our worst human instincts—revenge, fear, retribution, and prejudice. Combining these emotions with the criminal legal system’s weaknesses—purposely ineffective, arbitrary, or widely infected with racism and misogyny—is a recipe for injustice. Bookman has been charming and educating readers in the pages of The Atlantic, Mother Jones, and Slate for years. His wit and wisdom are now collected and preserved in A Descending Spiral.
