Capital Punishment and the Judicial Process

Author: Randall Coyne,Lyn Entzeroth

Publisher: N.A

ISBN: N.A

Category: Law

Page: 1010

View: 4532

Capital Punishment and the Judicial Process provides comprehensive coverage of a number of issues, including the philosophical debate over the death penalty, constitutional challenges to the death penalty, the modern death penalty scheme, jury selection, capital sentencing, ineffective assistance of counsel, state appeals and post-conviction, federal habeas corpus, federal death penalty, and international law. The materials are kept up to date through annual supplements and letter updates.
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The Death Penalty

A Worldwide Perspective

Author: Roger Hood,Carolyn Hoyle

Publisher: OUP Oxford

ISBN: 0191005312

Category: Political Science

Page: 480

View: 5350

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
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Capital Punishment in America

A Balanced Examination

Author: Evan J. Mandery

Publisher: Jones & Bartlett Publishers

ISBN: 1449605982

Category: Law

Page: 575

View: 7149

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.
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Most Deserving of Death?

An Analysis of the Supreme Court's Death Penalty Jurisprudence

Author: Kenneth A. Williams

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754678854

Category: Law

Page: 216

View: 5853

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. Kenneth Williams examines issues of jury selection, ineffective assistance of counsel, and the role of race and claims of innocence which affect the Court's decisions. It 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.
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Most Deserving of Death?

An Analysis of the Supreme Court's Death Penalty Jurisprudence

Author: Professor Kenneth Williams

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497933

Category: Social Science

Page: 226

View: 9583

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.
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Social Research in the Judicial Process

Cases, Readings, and Text

Author: Wallace D. Loh

Publisher: Russell Sage Foundation

ISBN: 9781610443678

Category: Social Science

Page: 808

View: 3104

"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.
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The Death Penalty

A Debate

Author: Ernest Van den Haag,John Phillips Conrad

Publisher: Springer Science & Business Media

ISBN: 1489927875

Category: Social Science

Page: 305

View: 308

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.
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Law, Politics and the Judicial Process in Canada

Author: Frederick Lee Morton

Publisher: University of Calgary Press

ISBN: 1552380467

Category: Law

Page: 660

View: 4279

Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. The revised and updated third edition features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.
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Justice Stanley Mosk

A Life at the Center of California Politics and Justice

Author: Jacqueline R. Braitman,Gerald F. Uelmen

Publisher: McFarland

ISBN: 0786468416

Category: Social Science

Page: 288

View: 2747

"This is the first biography of Stanley Mosk (1912-2001). It recounts Mosk's previously unexplored pre-Court years where he quickly rose as a leader among Los Angeles reformers, becoming the executive secretary of California governor Culbert Olson and then gaining wide popularity during his 16 years as a superior court judge"--Provided by publisher.
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The Abuses of Punishment

Author: Robert Adams

Publisher: Macmillan

ISBN: 9780312176174

Category: Social Science

Page: 270

View: 7573

This book departs from the customary focus of penology on punishments in criminal and youth justice and deals also with punitive elements of punishments employed, sometimes informally, in the household, nursery, school or at work. It argues that abusive punishments are particularly deeply rooted in authoritarian states in some Western countries such as Britain and the USA. Many punitive practices such as corporal and capital punishment have been exported from imperialist Britain over past centuries. Punishments have shifted ove the past 200 years from public spectacles of the stocks, the whip or the gallows to seclusion of the prison yard, or hte execution house. The book surveys a variety of psychological, physically constraining, custodial, corporal and capital punishments. The implicit punitive content of judicial processes such as trials, as well as treatments such as behavioural therapy, may have as much psychological impact as more explicitly physical punishments.
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The Prison and the Gallows

The Politics of Mass Incarceration in America

Author: Marie Gottschalk

Publisher: Cambridge University Press

ISBN: 1139455214

Category: Political Science

Page: N.A

View: 1837

The United States has built a carceral state that is unprecedented among Western countries and in US history. Nearly one in 50 people, excluding children and the elderly, is incarcerated today, a rate unsurpassed anywhere else in the world. What are some of the main political forces that explain this unprecedented reliance on mass imprisonment? Throughout American history, crime and punishment have been central features of American political development. This 2006 book examines the development of four key movements that mediated the construction of the carceral state in important ways: the victims' movement, the women's movement, the prisoners' rights movement, and opponents of the death penalty. This book argues that punitive penal policies were forged by particular social movements and interest groups within the constraints of larger institutional structures and historical developments that distinguish the United States from other Western countries.
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The Death Penalty in Africa: Foundations and Future Prospects

Author: A. Novak

Publisher: Springer

ISBN: 1137438770

Category: Social Science

Page: 122

View: 2745

In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.
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Eligible for Execution

The Story of the Daryl Atkins Case

Author: Thomas G. Walker

Publisher: SAGE

ISBN: 1483304531

Category: Political Science

Page: 320

View: 5391

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.
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The Solemn Sentence of Death

Capital Punishment in Connecticut

Author: Lawrence B. Goodheart

Publisher: Univ of Massachusetts Press

ISBN: 1558498478

Category: History

Page: 318

View: 5068

The first case study of its kind, this book addresses a broad range of questions about the rationale for and application of judicial execution in Connecticut since the seventeenth century. In addition to identifying the 158 people who have been put to death for crimes during the state's history, Lawrence Goodheart analyzes their social status in terms of sex, race, class, religion, and ethnicity. He looks at the circumstances of the crimes, the weapons that were used, and the victims. He reconstructs the history of Connecticut's capital laws, its changing rituals of execution, and the growing debate over the legitimacy of the death penalty itself. Although the focus is on the criminal justice system, the ethical values of New England culture form the larger context. Goodheart shows how a steady diminution in types of capital crimes, including witchcraft and sexual crimes, culminated in an emphasis on proportionate punishment during the Enlightenment and eventually led to a preference for imprisonment for all capital crimes except first-degree murder. Goodheart concludes by considering why Connecticut, despite its many statutory restrictions on capital punishment and lengthy appeals process, has been the only state in New England to have executed anyone since 1960.
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The Supreme Court and capital punishment

judging death

Author: Michael Parrish

Publisher: Cq Staff Directories

ISBN: 9780872897731

Category: Law

Page: 467

View: 3888

This volume explores how Supreme Court rulings over history have shaped and reshaped the rules under which Americans have been tried, convicted, sentenced and put to death for capital offenses.Through judicial decisions and other primary documents, this reference examines the impact of these rulings upon the behavior of legislators, judges, prosecutors, defense attorneys and defendants. Considerable emphasis is placed upon the twentieth century, especially the period since the 1972 Furman v. Georgia case. Since Furman, few areas of constitutional doctrine have undergone more abrupt changes than Court-mandated standards for administering capital punishment. Topics covered include the debate over the execution of juveniles, the mentally retarded, and the insane; race and capital punishment; judicial philosophies on the death penalty; Constitutionality of methods of execution; and changing public opinion and its impact on capital punishment.
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The Killing State

Capital Punishment in Law, Politics, and Culture

Author: Austin Sarat

Publisher: Oxford University Press

ISBN: 9780195349184

Category: Law

Page: 288

View: 695

Over 7,000 people have been legally executed in the United States this century, and over 3,000 men and women now sit on death rows across the country awaiting the same fate. Since the Supreme Court temporarily halted capital punishment in 1972, the death penalty has returned with a vengeance. Today there appears to be a widespread public consensus in favor of capital punishment and considerable political momentum to ensure that those sentenced to death are actually executed. Yet the death penalty remains troubling and controversial for many people. The Killing State: Capital Punishment in Law, Politics, and Culture explores what it means when the state kills and what it means for citizens to live in a killing state, helping us understand why America clings tenaciously to a punishment that has been abandoned by every other industrialized democracy. Edited by a leading figure in socio-legal studies, this book brings together the work of ten scholars, including recognized experts on the death penalty and noted scholars writing about it for the first time. Focused more on theory than on advocacy, these bracing essays open up new questions for scholars and citizens: What is the relationship of the death penalty to the maintenance of political sovereignty? In what ways does the death penalty resemble and enable other forms of law's violence? How is capital punishment portrayed in popular culture? How does capital punishment express the new politics of crime, organize positions in the "culture war," and affect the structure of American values? This book is a timely examination of a vitally important topic: the impact of state killing on our law, our politics, and our cultural life.
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Murder and the Death Penalty in Massachusetts

Author: Alan Rogers

Publisher: Univ of Massachusetts Press

ISBN: 9781558496330

Category: History

Page: 494

View: 395

For more than 300 years Massachusetts executed men and women convicted of murder. This book offers an account of how the efforts of reformers and abolitionists and the Supreme Judicial Court's commitment to the rule of law ultimately converged to end the death penalty in Massachusetts.
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Furman V. Georgia

Debating the Death Penalty

Author: Rebecca Stefoff

Publisher: Marshall Cavendish

ISBN: 9780761425830

Category: Juvenile Nonfiction

Page: 127

View: 2353

Discusses the historical use of capital punishement, details the court case of Furman v. Georgia, in which the Supreme Court ruled that the death penalty was cruel and unusual punishment, and describes the legacy of the case.
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