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| death penalty in the u.s. history: The Death Penalty Stuart BANNER, Stuart Banner, 2009-06-30 The death penalty arouses our passions as does few other issues. Some view taking another person's life as just and reasonable punishment while others see it as an inhumane and barbaric act. But the intensity of feeling that capital punishment provokes often obscures its long and varied history in this country. Now, for the first time, we have a comprehensive history of the death penalty in the United States. Law professor Stuart Banner tells the story of how, over four centuries, dramatic changes have taken place in the ways capital punishment has been administered and experienced. In the seventeenth and eighteenth centuries, the penalty was standard for a laundry list of crimes--from adultery to murder, from arson to stealing horses. Hangings were public events, staged before audiences numbering in the thousands, attended by women and men, young and old, black and white alike. Early on, the gruesome spectacle had explicitly religious purposes--an event replete with sermons, confessions, and last minute penitence--to promote the salvation of both the condemned and the crowd. Through the nineteenth century, the execution became desacralized, increasingly secular and private, in response to changing mores. In the twentieth and twenty-first centuries, ironically, as it has become a quiet, sanitary, technological procedure, the death penalty is as divisive as ever. By recreating what it was like to be the condemned, the executioner, and the spectator, Banner moves beyond the debates, to give us an unprecedented understanding of capital punishment's many meanings. As nearly four thousand inmates are now on death row, and almost one hundred are currently being executed each year, the furious debate is unlikely to diminish. The Death Penalty is invaluable in understanding the American way of the ultimate punishment. Table of Contents: Abbreviations Introduction 1. Terror, Blood, and Repentance 2. Hanging Day 3. Degrees of Death 4. The Origins of Opposition 5. Northern Reform, Southern Retention 6. Into the Jail Yard 7. Technological Cures 8. Decline 9. To the Supreme Court 10. Resurrection Epilogue Appendix: Counting Executions Notes Acknowledgments Index Reviews of this book: [Banner] deftly balances history and politics, crafting a book that will be valuable to anyone interested in knowing more about capital punishment, no matter what his or her views are on the ethical issues surrounding the topic. --David Pitt, Booklist Reviews of this book: In this well-researched and clear account...Banner charts how and why this country went from having one of the world's mildest punitive systems to one of its harshest. --Publishers Weekly Reviews of this book: Stuart Banner's book is fine and balanced and important. His lucid history of this grim subject is scrupulously accurate...It is refreshingly free of the tendentiousness and the sensationalism that this subject invites. --Richard A. Posner, New Republic Reviews of this book: [The] contrast between the past and the present can now be seen with great clarity thanks to...Stuart Banner and his comprehensive book, The Death Penalty...American historians have been slow to undertake anything like a full-scale study of the subject...Banner's book does much to fill [the gaps]. His book is an important and comprehensive...treatment of the topic. --Hugo Adam Bedau, Boston Review Reviews of this book: Despite the gruesome nature of the book's topic, it is difficult to stop reading. Banner's research is fascinating, his writing style compelling. Given the emotional nature of the subject (few people known to me are wishy-washy about whether the death penalty is moral or immoral), Banner walks the line of neutrality skillfully, without seeming evasive. --Steve Weinberg, Legal Times Reviews of this book: Stuart Banner's The Death Penalty is a tour de force, remarkable for its neutrality as it traces the ways in which the death penalty has been applied, and for what kinds of crimes, from the Colonial era to the present. Banner...writes like a historian who believes perspective is best gained by dispassionately setting out what happened and letting everyone come to his or her own conclusions. I think, in this book, that works wonderfully. On a subject in which emotions run so high, it seems awfully useful to have a dispassionate voice. After all, if Banner allowed his own feelings on the death penalty--pro, con or somewhere in the middle--to be known, the book easily could be dismissed as a diatribe. He doesn't, and it can't. --Judith Neuman Beck, San Jose Mercury News Reviews of this book: Law professor Banner...offers a persuasive examination of the evolution of capital punishment from Colonial times onward. He makes clear that the death penalty has possessed generally consistent support from the US populace, although changes in the sensibilities of juries, executioners, legal theoreticians, and judges have occurred...Highly recommended. --R. C. Cottrell, Choice Reviews of this book: Stuart Banner aptly illustrates in The Death Penalty, like the nation, the death penalty has changed with the times...Banner's account spotlights a number of interesting trends in American history...Mostly evenhanded in the tour he provides through the history of the death penalty and its role in and reflection of American society, he has managed to provide an accessible look at what is a profoundly controversial and complicated subject. --Steven Martinovich, Ft. Lauderdale Sun-Sentinel Reviews of this book: For centuries, Stuart Banner tells us, Americans had been proud to possess a criminal-justice system that made less use of the death penalty than just about any other place on the globe, including the countries of western Europe. But no longer. Now we possess one of the harshest criminal codes in the world. The Death Penalty helps explain that turnaround, but only in the course of a complicated story in which different factors emerge at different times to play often unforeseeable roles...[This is a] superbly told history. --Paul Rosenberg, Denver Post and Rocky Mountain News Reviews of this book: Stuart Banner's lucid, richly researched book brings us, for the first time, a comprehensive history of American capital punishment from colonial times to the present. He describes the practices that characterized the institution at different periods, elucidates their ritual purposes and social meanings, and identifies the forces that led to their transformation. The book's well-ordered narrative is interspersed with individual case histories, that give flesh and blood to the account. --David Garland, Times Literary Supplement Reviews of this book: [An] informative, even-handed, chillingly fascinating account of why and how the U.S. government and many state governments decided to sponsor executions of criminals--even though innocent defendants might die, too. --Jane Henderson, St. Louis Post-Dispatch Reviews of this book: Stuart Banner's The Death Penalty is a splendidly objective achievement. Delightfully written, free of academic pretense, liberally sprinkled with apt references from contemporary sources, the book exhaustively explores the multifaceted evolution of America's penal practices. --Elsbeth Bothe, Baltimore Sun The Death Penalty is certain to be the definitive account of the American experience with capital punishment, from its beginnings in the seventeenth century, to the execution of Timothy McVeigh in 2001. This is a first rate piece of scholarship: well written, deeply researched, fascinating to read, and full of insights and good common sense. It is, in my view, one of the finest books to deal with this troubled and troubling subject. Historical and legal scholarship owe a debt of gratitude to Stuart Banner. --Lawrence Friedman, Stanford Law School A masterful book. This is a long overdue account which fills a huge gap in our understanding of America's long and complex relationship to state killing. With meticulous scholarship and lucid prose, Banner has written a compelling account of the place of capital punishment in our society. It sets the standard for all future scholarship on the history of the death penalty in America. --Austin Sarat, author of When the State Kills: Capital Punishment and the American Condition The Death Penalty, a study we have badly needed, is the first history of the nation's engagement--as well as its disengagement--with capital punishment from the country's earliest days to the present. With a sure grasp of the constitutional issues, Stuart Banner greatly advances a conversation at last underway about the rightness of putting people to death for having inflicted a death. Banner's greatest and most useful feat is remaining dispassionate on a subject that he cares deeply about--as do a growing number of his fellow Americans. --William S. McFeely, author of Proximity to Death The Death Penalty beautifully explains the changing paths traveled by supporters and opponents of capital punishment over the years. It explores a subject of enormous symbolic importance to Americans today, linking our views about the death penalty to our larger concerns about crime. --David Oshinsky, author of Worse Than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice Banner's book is a superbly detailed and textured social history of a subject too often treated in legal abstractions. It demonstrates how capital punishment has gnawed at the conscience and imagination of Americans, and how it has challenged their efforts to define themselves culturally, politically, and racially. --Robert Weisberg, Stanford Law School |
| death penalty in the u.s. history: Executions in the United States, 1608-1987 M. Watt Espy, John Ortiz Smykla, Inter-university Consortium for Political and Social Research, 1987 This study furnishes data on executions performed in the United States under civil authority. It includes a description of each individual executed and the circumstances surrounding the crime for which the person was convicted. Variables include age, race, name, sex, and occupation of the offender, place, jurisdiction, date and method of execution and the crime for which the offender was executed. |
| death penalty in the u.s. history: Courting Death Carol S. Steiker, Jordan M. Steiker, 2016-11-07 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 |
| death penalty in the u.s. history: Let the Lord Sort Them Maurice Chammah, 2021-01-26 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. |
| death penalty in the u.s. history: Race, Class, and the Death Penalty Howard W. Allen, Jerome M. Clubb, 2008-01-01 Examines both the legal and illegal uses of the death penalty in American history. |
| death penalty in the u.s. history: Lethal State Seth Kotch, 2019-01-10 For years, American states have tinkered with the machinery of death, seeking to align capital punishment with evolving social standards and public will. Against this backdrop, North Carolina had long stood out as a prolific executioner with harsh mandatory sentencing statutes. But as the state sought to remake its image as modern and business-progressive in the early twentieth century, the question of execution preoccupied lawmakers, reformers, and state boosters alike. In this book, Seth Kotch recounts the history of the death penalty in North Carolina from its colonial origins to the present. He tracks the attempts to reform and sanitize the administration of death in a state as dedicated to its image as it was to rigid racial hierarchies. Through this lens, Lethal State helps explain not only Americans' deep and growing uncertainty about the death penalty but also their commitment to it. Kotch argues that Jim Crow justice continued to reign in the guise of a modernizing, orderly state and offers essential insight into the relationship between race, violence, and power in North Carolina. The history of capital punishment in North Carolina, as in other states wrestling with similar issues, emerges as one of state-building through lethal punishment. |
| death penalty in the u.s. history: Slavery and the Death Penalty Bharat Malkani, 2020-12-18 It has long been acknowledged that the death penalty in the United States of America has been shaped by the country's history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices' respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists. |
| death penalty in the u.s. history: End of Its Rope Brandon Garrett, 2017-09-25 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 |
| death penalty in the u.s. history: The Death Penalty as Torture John D. Bessler, 2017 The Death Penalty as Torture: From the Dark Ages to Abolition was named a Bronze Medalist in the World History category of the Independent Publisher Book Awards and a finalist in the Eric Hoffer Book Awards (2018). During the Dark Ages and the Renaissance, Europe's monarchs often resorted to torture and executions. The pain inflicted by instruments of torture--from the thumbscrew and the rack to the Inquisition's tools of torment--was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English Bloody Code made more than 200 crimes punishable by death, and judicial torture--expressly authorized by law and used to extract confessions--permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts. In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria--the father of the world's anti-death penalty movement--condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of lawful sanctions, some countries continue to carry out executions even though they bear the indicia of torture. In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which mock or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries--one of the products of the Enlightenment--now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty's use. |
| death penalty in the u.s. history: Invitation to an Execution Gordon Morris Bakken, 2010 These original essays examine the complex history of the death penalty, focusing on specific geographic areas to illuminate the circumstances of law and politics. |
| death penalty in the u.s. history: A Wild Justice: The Death and Resurrection of Capital Punishment in America Evan J. Mandery, 2013-08-19 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. |
| death penalty in the u.s. history: Women and Capital Punishment in the United States David V. Baker, 2015-11-26 The history of the execution of women in the United States has largely been ignored and scholars have given scant attention to gender issues in capital punishment. This historical analysis examines the social, political and economic contexts in which the justice system has put women to death, revealing a pattern of patriarchal domination and female subordination. The book includes a discussion of condemned women granted executive clemency and judicial commutations, an inquiry into women falsely convicted in potentially capital cases and a profile of the current female death row population. |
| death penalty in the u.s. history: Cruel and Unusual Michael Meltsner, 2011-07-23 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. |
| death penalty in the u.s. history: Peculiar Institution David Garland, 2011-02-01 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. |
| death penalty in the u.s. history: DeathQuest Robert M. Bohm, 2011-08-15 This fourth edition of the first true textbook on the death penalty engages the reader with a full account of the arguments and issues surrounding capital punishment. The book begins with the history of the death penalty from colonial to modern times, and then examines the moral and legal arguments for and against capital punishment. It also provides an overview of major Supreme Court decisions and describes the legal process behind the death penalty. In addressing these issues, the author reviews recent developments in death penalty law and procedure, including ramifications of newer case law, such as that regarding using lethal injection as a method of execution. The author’s motivation has been to understand what motivates the deathquest of the American people, leading a large percentage of the public to support the death penalty. The book will educate readers so that whatever their death penalty opinions are, they are informed ones. |
| death penalty in the u.s. history: America's Death Penalty David Garland, Randall McGowen, Michael Meranze, 2011-01-25 Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. America’s Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America. Contributors: David Garland, Douglas Hay, Randall McGowen, Michael Meranze, Rebecca McLennan, and Jonathan Simon. |
| death penalty in the u.s. history: The History of the Death Penalty in Colorado Michael Radelet, 2017-01-15 In The History of the Death Penalty in Colorado, noted death penalty scholar Michael Radelet chronicles the details of each capital punishment trial and execution that has taken place in Colorado since 1859. The book describes the debates and struggles that Coloradans have had over the use of the death penalty, placing the cases of the 103 men whose sentences were carried out and 100 more who were never executed into the context of a gradual worldwide trend away from this form of punishment. For more than 150 years, Coloradans have been deeply divided about the death penalty, with regular questions about whether it should be expanded, restricted, or eliminated. It has twice been abolished, but both times state lawmakers reinstated the contentious punitive measure. Prison administrators have contributed to this debate, with some refusing to participate in executions and some lending their voices to abolition efforts. Colorado has also had a rich history of experimenting with execution methods, first hanging prisoners in public and then, starting in 1890, using the twitch-up gallows for four decades. In 1933, Colorado began using a gas chamber and eventually moved to lethal injection in the 1990s. Based on meticulous archival research in official state archives, library records, and multimedia sources, The History of the Death Penalty in Colorado, will inform the conversation on both sides of the issue anywhere the future of the death penalty is under debate. |
| death penalty in the u.s. history: Imprisoned by the Past Jeffrey L. Kirchmeier, 2015 In 1987, the United States Supreme Court decided a case that could have ended the death penalty in the United States. Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today. McCleskey's case resulted in one of the most important Supreme Court decisions in U.S. history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case currently marks the last time that the Supreme Court had a realistic chance of completely striking down capital punishment. As such, the case also marked a turning point in the death penalty debate in the country. Going back nearly four centuries, this book connects McCleskey's life and crime to the issues that have haunted the American death penalty debate since the first executions by early settlers through the modern twenty-first century death penalty. Imprisoned by the Past ties together three unique American stories. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives. |
| death penalty in the u.s. history: Death in the Dark John D. Bessler, 1997 A provocative, comprehensive history of American executions from colonial days to the present. |
| death penalty in the u.s. history: Executing Freedom Daniel LaChance, 2018-02-09 In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn’t trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death? That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans’ thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do—and LaChance argues, fascinatingly, that it’s the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States. |
| death penalty in the u.s. history: Cruel & Unusual John D. Bessler, 2012 This indispensable history of the Eighth Amendment and the founders' views of capital punishment is also a passionate call for the abolition of the death penalty based on the notion of cruel and unusual punishment |
| death penalty in the u.s. history: Women and the Death Penalty in the United States, 1900-1998 Kathleen A. O'Shea, 1999-02-28 Studies criminal cases from throughout the twentieth century in which women have been given the death penalty. |
| death penalty in the u.s. history: Legacy of Violence John D. Bessler, 2003 The first comprehensive history of lynchings and state-sanctioned executions in Minnesota. Minnesota is one of only twelve states that does not allow the death penalty, but that was not always the case. In fact, until 1911 executions in the state were legal and frequently carried out. In Legacy of Violence, John D. Bessler takes us on a compelling journey through the history of lynchings and state-sanctioned executions that dramatically shaped Minnesota's past. Through personal accounts of those involved with the events, Bessler traces the history of both famous and lesser-known executions and lynchings in Minnesota, the state's anti-death penalty and anti-lynching movements, and the role of the media in the death penalty debate. Bessler reveals Abraham Lincoln' thoughts as he ordered the largest mass execution in U. S. history of thirty-eight Indians in Mankato after the Dakota Conflict of 1862. He recounts the events surrounding the death of Ann Bilansky, the only woman ever executed in Minnesota, and the infamous botched hanging of William Williams, which led to renewed calls for the abolition of capital punishment. He tells the story of the 1920 lynching in Duluth of three African-Americans circus workers - wrongfully accused of rape - and the anti-lynching crusade that followed. The significant role that Minnesota played in America's transformation to private, after-dark executions is presented in the discussion of the midnight assassination law. Bessler's account is made more timely by thirty-five hundred people on death row in America today - more than at any other time in our nation's history. Is Minnesota's current approach superior to that of states that have capital punishment? Bessler looks at Minnesota history to ask whether the application of the death penalty can truly solve the problem of violence in America.--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved |
| death penalty in the u.s. history: Capital Punishment on Trial David M. Oshinsky, 2010 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. |
| death penalty in the u.s. history: The Death Penalty in America Hugo Adam Bedau, 1964 |
| death penalty in the u.s. history: So Long as They Die , 2006 Recommendations. To state and federal corrections agencies - To state legislators and the U.S. Congress. -- I. Development of lethal injection protocols. Oklahoma - Texas - Tennessee - Lethal injection machines - Public access to lethal injection protocols. -- II. Lethal injection drugs. Potassium chloride - Pancuronium bromide - Sodium thiopental - The failure to review protocols. -- III. Lethal injection procedures. Qualifications of execution team - Checking the IV equipment - Level of anesthesia not monitored. -- IV. Physician participation in executions and medical ethics. -- V. Case study: Morales v. Hickman. -- VI. Botched executions. -- VII. International human rights and U.S. constitutional law. International human rights law - U.S. Constitutional law. -- Appendix A: State Execution Methods. -- Acknowledgements. |
| death penalty in the u.s. history: Fighting the Death Penalty Eugene G. Wanger, 2017-04-01 Michigan is the only state in the country that has a death penalty prohibition in its constitution—Eugene G. Wanger’s compelling arguments against capital punishment is a large reason it is there. The forty pieces in this volume are writings created or used by the author, who penned the prohibition clause, during his fifty years as a death penalty abolitionist. His extraordinary background in forensics, law, and political activity as constitutional convention delegate and co-chairman of the Michigan Committee Against Capital Punishment has produced a remarkable collection. It is not only a fifty-year history of the anti–death penalty argument in America, it also is a detailed and challenging example of how the argument against capital punishment may be successfully made. |
| death penalty in the u.s. history: Deadly Justice Frank R. Baumgartner, Marty Davidson, Kaneesha R. Johnson, Arvind Krishnamurthy, 2018 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. |
| death penalty in the u.s. history: In Cold Blood Truman Capote, 2013-02-19 Selected by the Modern Library as one of the 100 best nonfiction books of all time From the Modern Library’s new set of beautifully repackaged hardcover classics by Truman Capote—also available are Breakfast at Tiffany’s and Other Voices, Other Rooms (in one volume), Portraits and Observations, and The Complete Stories Truman Capote’s masterpiece, In Cold Blood, created a sensation when it was first published, serially, in The New Yorker in 1965. The intensively researched, atmospheric narrative of the lives of the Clutter family of Holcomb, Kansas, and of the two men, Richard Eugene Hickock and Perry Edward Smith, who brutally killed them on the night of November 15, 1959, is the seminal work of the “new journalism.” Perry Smith is one of the great dark characters of American literature, full of contradictory emotions. “I thought he was a very nice gentleman,” he says of Herb Clutter. “Soft-spoken. I thought so right up to the moment I cut his throat.” Told in chapters that alternate between the Clutter household and the approach of Smith and Hickock in their black Chevrolet, then between the investigation of the case and the killers’ flight, Capote’s account is so detailed that the reader comes to feel almost like a participant in the events. |
| death penalty in the u.s. history: Life Without Parole Charles J. Ogletree, Austin Sarat, 2012-06-04 Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as “the new death penalty.” Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform. |
| death penalty in the u.s. history: The Decline of the Death Penalty and the Discovery of Innocence Frank R. Baumgartner, Suzanna L. De Boef, Amber E. Boydstun, 2008-01-07 Since 1996, death sentences in America have declined by more than 60 percent, reversing a generation-long trend toward greater acceptance of capital punishment. In theory, most Americans continue to support the death penalty. But it is no longer seen as a theoretical matter. Prosecutors, judges, and juries across the country have moved in large numbers to give much greater credence to the possibility of mistakes - mistakes that in this arena are potentially fatal. The discovery of innocence, documented in this book through painstaking analyses of media coverage and with newly developed methods, has led to historic shifts in public opinion and to a sharp decline in use of the death penalty by juries across the country. A social cascade, starting with legal clinics and innocence projects, has snowballed into a national phenomenon that may spell the end of the death penalty in America. |
| death penalty in the u.s. history: Harnessing the Power of the Criminal Corpse Sarah Tarlow, Emma Battell Lowman, 2018-05-17 This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Focusing on the eighteenth and nineteenth centuries, it looks at the consequences of the 1752 Murder Act. These criminal bodies had a crucial role in the history of medicine, and the history of crime, and great symbolic resonance in literature and popular culture. Starting with a consideration of the criminal corpse in the medieval and early modern periods, chapters go on to review the histories of criminal justice, of medical history and of gibbeting under the Murder Act, and ends with some discussion of the afterlives of the corpse, in literature, folklore and in contemporary medical ethics. Using sophisticated insights from cultural history, archaeology, literature, philosophy and ethics as well as medical and crime history, this book is a uniquely interdisciplinary take on a fascinating historical phenomenon. |
| death penalty in the u.s. history: Right Here, Right Now Lynden Harris, 2021-03-22 Upon receiving his execution date, one of the thousands of men living on death row in the United States had an epiphany: “All there ever is, is this moment. You, me, all of us, right here, right now, this minute, that's love.” Right Here, Right Now collects the powerful, first-person stories of dozens of men on death rows across the country. From childhood experiences living with poverty, hunger, and violence to mental illness and police misconduct to coming to terms with their executions, these men outline their struggle to maintain their connection to society and sustain the humanity that incarceration and its daily insults attempt to extinguish. By offering their hopes, dreams, aspirations, fears, failures, and wounds, the men challenge us to reconsider whether our current justice system offers actual justice or simply perpetuates the social injustices that obscure our shared humanity. |
| death penalty in the u.s. history: Capital Punishment in Japan Petra Schmidt, 2002 This book provides an overview of capital punishment in Japan in a legal, historical, social, cultural and political context. It provides new insights into the system, challenges traditional views and arguments and seeks the real reasons behind the retention of capital punishment in Japan. |
| death penalty in the u.s. history: Legal Homicide William J. Bowers, Glenn L. Pierce, John F. McDevitt, 1984 Examines the fairness of the use of the death penalty and analyzes the effects of recent laws on the arbitrariness of capital punishment. |
| death penalty in the u.s. history: The History of the Death Penalty in the United States Jacqueline Herrmann, 2008-03-07 Seminar paper from the year 2007 in the subject American Studies - Culture and Applied Geography, grade: 1-, University of Frankfurt (Main) (Institut für England- und Amerikastudien), course: Social Issues in U.S. Supreme Court History, language: English, abstract: Die Arbeit verschafft einen Überblick über die Todesstrafe in der USA. Dabei wird versucht die gesamte Geschichte der Todesstrafe von der Kolonialzeit bis heute zu skizzieren. Anhand ausgewählter Fälle des Obersten Gerichtshofes (vor allem aus den 1960er Jahren) werden Verfassungsmässigkeit etc. bestimmter Fälle diskutiert. Insgesamt verschafft die Arbeit einen guten Überblick über das gesamte Todesstrafensystem der USA (nur auf jurisitischer, nicht politischer oder moralischer Ebene) Electrocution, lethal injection, gas chamber, hanging, shooting, beheading or stoning are different ways or instruments to execute a person who is sentenced to death. Death penalty or capital punishment means the intentional killing of a person who is guilty to have committed a certain crime. After a legal trial, the person is sentenced to death. The way by which the death is put into effect depends on the country and its laws. Death penalty or capital punishment is a very controversial topic concerning political, judicial and moral issues. This paper will be about the death penalty prior in the United States of America. In part I, I will present some facts and figures as well as give a short introduction to death penalty in general. I think it will be also necessary to outline the history of the death penalty in the United States. I will give a short overview of the most important developments from colonial times until the 1950s. The 1960s constituted a big challenge for the legality and constitutionality of the death penalty. That is why I will analyze this period in particular in Part II of this work. I will present selected Supreme Court Cases and their decisions. Thus, I will try to elaborate the judicial developments of the death penalty in the United States. Therefore, I will deal with cases regarding the constitutionality of the death penalty; furthermore with cases on death penalty laws and limitations of the death penalty. I want to emphasize that I will concentrate primarily on the judicial aspects of this topic, I will not deal with moral or political issues, but they might be mentioned additionally. By this means, I would like to examine how the death penalty is anchored in U.S. law and to find out which cases played an important role and contributed to this development. In so doing, I will draft a picture of the death penalty system in the United States. |
| death penalty in the u.s. history: Dead Man Walking Helen Prejean, 2011-02-02 #1 NATIONAL BESTSELLER • A profoundly moving spiritual journey through our system of capital punishment and an unprecedented look at the human consequences of the death penalty • Stunning moral clarity.” —The Washington Post Book World • Basis for the award-winning major motion picture starring Susan Sarandon and Sean Penn Sister Prejean is an excellent writer, direct and honest and unsentimental. . . . She almost palpably extends a hand to her readers.” —The New York Times Book Review In 1982, Sister Helen Prejean became the spiritual advisor to Patrick Sonnier, the convicted killer of two teenagers who was sentenced to die in the electric chair of Louisiana’s Angola State Prison. In the months before Sonnier’s death, the Roman Catholic nun came to know a man who was as terrified as he had once been terrifying. She also came to know the families of the victims and the men whose job it was to execute—men who often harbored doubts about the rightness of what they were doing. Out of that dreadful intimacy comes a profoundly moving spiritual journey through our system of capital punishment. Here Sister Helen confronts both the plight of the condemned and the rage of the bereaved, the fears of a society shattered by violence and the Christian imperative of love. On its original publication in 1993, Dead Man Walking emerged as an unprecedented look at the human consequences of the death penalty. Now, some two decades later, this story—which has inspired a film, a stage play, an opera and a musical album—is more gut-wrenching than ever, stirring deep and life-changing reflection in all who encounter it. |
| death penalty in the u.s. history: Proximity to Death William S. McFeely, 2001-02 In a personal investigation of the death penalty, McFeely, a Pulitzer Prize-winning historian, finds himself in a role he had never imagined for himself: an expert witness in the sentencing trial of a convicted kidnapper, rapist, and murderer. A remarkable book--part historical tract, part political manifesto--that examines one of the most bitter issues of contemporary life.--Boston Globe. |
| death penalty in the u.s. history: When Truth Is All You Have Jim McCloskey, Philip Lerman, 2020-07-14 “A riveting and infuriating examination of criminal prosecutions, revealing how easy it is to convict the wrong person and how nearly impossible it is to undo the error.” —Washington Post No one has illuminated this problem more thoughtfully and persistently. —Bryan Stevenson, author of Just Mercy Jim McCloskey was at a midlife crossroads when he met the man who would change his life. A former management consultant, McCloskey had grown disenchanted with the business world; he enrolled at Princeton Theological Seminary at the age of 37. His first assignment, in 1980, was as a chaplain at Trenton State Prison. Among the inmates was Jorge de los Santos, a heroin addict who'd been convicted of murder years earlier. He swore to McCloskey that he was innocent—and, over time, McCloskey came to believe him. With no legal or investigative training to speak of, McCloskey threw himself into the case. Two years later, thanks to those efforts, Jorge de los Santos walked free, fully exonerated. McCloskey had found his calling. He established Centurion Ministries, the first group in America devoted to overturning wrongful convictions. Together with his staff and a team of forensic experts, lawyers, and volunteers—through tireless investigation and an unflagging dedication to justice—Centurion has freed 65 innocent prisoners who had been sentenced to life or death. When Truth Is All You Have is McCloskey's inspirational story, as well as those of the unjustly imprisoned for whom he has fought. Spanning the nation, it is a chronicle of faith and doubt; of triumphant success and shattering failure. It candidly exposes a life of searching and struggle, uplifted by McCloskey's certainty that he had found what he was put on earth to do. Filled with generosity, humor, and compassion, it is the soul-bearing account of a man who has redeemed innumerable lives—and incited a movement—with nothing more than his unshakeable belief in the truth. |
| death penalty in the u.s. history: The Code of Hammurabi Hammurabi, 2017-07-20 The Code of Hammurabi (Codex Hammurabi) is a well-preserved ancient law code, created ca. 1790 BC (middle chronology) in ancient Babylon. It was enacted by the sixth Babylonian king, Hammurabi. One nearly complete example of the Code survives today, inscribed on a seven foot, four inch tall basalt stele in the Akkadian language in the cuneiform script. One of the first written codes of law in recorded history. These laws were written on a stone tablet standing over eight feet tall (2.4 meters) that was found in 1901. |
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