This book addresses the myriad controversies and examines the evidence regarding capital punishment in America. It answers questions regarding topics like the efficacy of capital punishment in deterring violent crime, the risks of mistakes, legal issues related to capital punishment, and the monetary costs of keeping inmates on death row. Does the possibility of being put to death deter crime? Do the methods of execution matter? Is it possible for a state-ordered execution to be botched? Are innocent people ever sent to death row? Are there racial biases or other prejudices associated with the…mehr
This book addresses the myriad controversies and examines the evidence regarding capital punishment in America. It answers questions regarding topics like the efficacy of capital punishment in deterring violent crime, the risks of mistakes, legal issues related to capital punishment, and the monetary costs of keeping inmates on death row. Does the possibility of being put to death deter crime? Do the methods of execution matter? Is it possible for a state-ordered execution to be botched? Are innocent people ever sent to death row? Are there racial biases or other prejudices associated with the death penalty? This book examines the history of capital punishment in the United States; describes the significant issues, events, and cases; and addresses the controversies and legal issues surrounding capital punishment, making this important topic accessible to a wide range of readers. The book presents both sides of the argument on whether capital punishment should continue or be abolished, looking at the evidence regarding whether it is necessary for carrying out justice and deterring violent crime or whether the practice is inhumane, ineffective, biased in its application, and costly. Readers will gain insights into how capital punishment should be used, if at all; whether effective safeguards are in place to ensure that only the guilty receive the death penalty; what crimes deserve this sentence; whether juveniles or individuals with diminished mental capacity should ever be sentenced to death; potentially viable alternatives to the death penalty; and the hidden costs involved in our capital punishment system that make it so expensive. The book also contains primary documents relevant to capital punishment, such as excerpts from documents like the U.S. Constitution, the Hittite case laws, and the Code of Hammurabi, as well as descriptions of and excerpts from key cases decided by the U.S. Supreme Court.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Joseph A. Melusky, PhD, is professor of political science at Saint Francis University (SFU), director of the SFU Center for the Study of Government and Law, and Coordinator of Public Administration/Government Service. Keith A. Pesto has been a magistrate judge for the U.S. District Court for the Western District of Pennsylvania since 1994.
Inhaltsangabe
Preface Acknowledgments 1 Background and History Introduction The Death Penalty before It Was Capital Punishment How Did This History Affect Capital Punishment in the United States? So Why Does the Eighth Amendment Ban Cruel and Unusual Punishment? How Did the Ban on Cruel and Unusual Punishment Become Linked to the Death Penalty? Capital Punishment in the New Republic The Due Process Clause of the Fourteenth Amendment Changes the Bill of Rights So Does Due Process "Incorporate" a Ban on Cruel and Unusual Punishment? References 2 Problems Controversies and Solutions Introduction What Is the Constitutional Status of Capital Punishment? The Supreme Court Expands "Cruel and Unusual" to Mean "Excessive " The Supreme Court Bans and Restarts Capital Punishment in Furman v. Georgia (1972) and Gregg v. Georgia (1976) Is the Death Penalty Available for Any Crime Other Than First-Degree Murder? Is a Mandatory Death Penalty Ever Permissible? Guiding the Jury's Discretion Mitigation Age as a Mitigating Factor? Juveniles at the Supreme Court Juveniles and Other Crimes: Are They a Guide to Future Cases? Is First-Degree Murder Enough to Warrant the Death Penalty or Must There Be Aggravating Circumstances? What Aggravating Factors Are Permissible? Who Can Decide on the Death Penalty? What Defendants Are Incapable of Deserving the Death Penalty? How Can the Jury Be Selected? The Role of Statistics Victim Impact In the End How Can Executions Be Carried Out? Life without Parole? Conclusion and "Last" Words References 3 Perspectives Introduction Does the Death Penalty Deter Homicide? by Rudolph J. Gerber The Death Penalty Should Be Abolished-For Very Practical Reasons by Richard C. Dieter Capital Punishment Should Not Be Abolished in the United States by Brett R. Meltzer Retaining the Death Penalty: Sociopolitical Support by Kim MacInnis Gender and Capital Punishment by Elizabeth Rapaport Death Row Exonerations and Conviction Integrity by John Rago Capital Punishment and Public Confidence in the Criminal Justice System by Gov. Tom Corbett 4 Profiles Introduction American Bar Association American Law Institute Antiterrorism and Effective Death Penalty Act of 1996 Bedau Hugo Adam (1926-2012) Blackmun Justice Harry A. (1908-1999) Brennan Justice William J. (1906-1997) Breyer Justice Stephen (1938- ) Federal Death Penalty Act (1994) Innocence Protection Act (2004) Kasi Mir Aimal (1964-2002) Kennedy Justice Anthony (1936- ) NAACP Legal Defense and Educational Fund Inc. O'Connor Justice Sandra Day (1930- ) Powell Justice Lewis F. (1907-1998) Prejean Sister Helen (1939- ) Rehnquist Chief Justice William H. (1924-2005) Roberts Chief Justice John (1955- ) Scalia Justice Antonin (1936-2016) Sellin Thorsten (1896-1994) Soering Jens (1966- ) Stevens Justice John Paul (1920- ) Tucker Karla Faye (1959-1998) Van Den Haag Ernest (1914-2002) Vickers Robert Wayne ("Bonzai Bob") (1958-1999) References 5 Data and Documents Introduction Data Table 5.1. Number of U.S. Executions since Gregg v. Georgia (1976) Race and the Death Penalty Table 5.2. Race of Executed Defendants Table 5.3. Race of Victims in Cases Resulting in Execution Table 5.4. Race of Death Row Inmates Table 5.5. Interracial Murders and Execution Rates Executions by State and Region Table 5.6. Number of Executions in States since 1976 Table 5.7. Executions by Region since 1976 Table 5.8. Murder Rates per 100 000 Table 5.9. Methods Used for Executions since 1976 Table 5.10. Opinions on the Death Penalty Documents Code of Hammurabi (ca. 1780 BCE) The Bible Book of Exodus (ca. 1300 BCE) The Twelve Tables (ca. 450 BCE) The Magna Carta (June 15 1215) The English Bill of Rights (1689) The American Declaration of Independence (1776) Ordinance of the Northwest Territory (1787) Amendments to the U.S. Constitution Callins v. Collins (1994) United Nations Resolution on the Use of the Death Penalty (December 20 2012) 6 Resources Introduction General Information and Background Electronic Resources Organizations 7 Chronology Introduction 19th century 20th century Glossary Index About the Authors
Preface Acknowledgments 1 Background and History Introduction The Death Penalty before It Was Capital Punishment How Did This History Affect Capital Punishment in the United States? So Why Does the Eighth Amendment Ban Cruel and Unusual Punishment? How Did the Ban on Cruel and Unusual Punishment Become Linked to the Death Penalty? Capital Punishment in the New Republic The Due Process Clause of the Fourteenth Amendment Changes the Bill of Rights So Does Due Process "Incorporate" a Ban on Cruel and Unusual Punishment? References 2 Problems Controversies and Solutions Introduction What Is the Constitutional Status of Capital Punishment? The Supreme Court Expands "Cruel and Unusual" to Mean "Excessive " The Supreme Court Bans and Restarts Capital Punishment in Furman v. Georgia (1972) and Gregg v. Georgia (1976) Is the Death Penalty Available for Any Crime Other Than First-Degree Murder? Is a Mandatory Death Penalty Ever Permissible? Guiding the Jury's Discretion Mitigation Age as a Mitigating Factor? Juveniles at the Supreme Court Juveniles and Other Crimes: Are They a Guide to Future Cases? Is First-Degree Murder Enough to Warrant the Death Penalty or Must There Be Aggravating Circumstances? What Aggravating Factors Are Permissible? Who Can Decide on the Death Penalty? What Defendants Are Incapable of Deserving the Death Penalty? How Can the Jury Be Selected? The Role of Statistics Victim Impact In the End How Can Executions Be Carried Out? Life without Parole? Conclusion and "Last" Words References 3 Perspectives Introduction Does the Death Penalty Deter Homicide? by Rudolph J. Gerber The Death Penalty Should Be Abolished-For Very Practical Reasons by Richard C. Dieter Capital Punishment Should Not Be Abolished in the United States by Brett R. Meltzer Retaining the Death Penalty: Sociopolitical Support by Kim MacInnis Gender and Capital Punishment by Elizabeth Rapaport Death Row Exonerations and Conviction Integrity by John Rago Capital Punishment and Public Confidence in the Criminal Justice System by Gov. Tom Corbett 4 Profiles Introduction American Bar Association American Law Institute Antiterrorism and Effective Death Penalty Act of 1996 Bedau Hugo Adam (1926-2012) Blackmun Justice Harry A. (1908-1999) Brennan Justice William J. (1906-1997) Breyer Justice Stephen (1938- ) Federal Death Penalty Act (1994) Innocence Protection Act (2004) Kasi Mir Aimal (1964-2002) Kennedy Justice Anthony (1936- ) NAACP Legal Defense and Educational Fund Inc. O'Connor Justice Sandra Day (1930- ) Powell Justice Lewis F. (1907-1998) Prejean Sister Helen (1939- ) Rehnquist Chief Justice William H. (1924-2005) Roberts Chief Justice John (1955- ) Scalia Justice Antonin (1936-2016) Sellin Thorsten (1896-1994) Soering Jens (1966- ) Stevens Justice John Paul (1920- ) Tucker Karla Faye (1959-1998) Van Den Haag Ernest (1914-2002) Vickers Robert Wayne ("Bonzai Bob") (1958-1999) References 5 Data and Documents Introduction Data Table 5.1. Number of U.S. Executions since Gregg v. Georgia (1976) Race and the Death Penalty Table 5.2. Race of Executed Defendants Table 5.3. Race of Victims in Cases Resulting in Execution Table 5.4. Race of Death Row Inmates Table 5.5. Interracial Murders and Execution Rates Executions by State and Region Table 5.6. Number of Executions in States since 1976 Table 5.7. Executions by Region since 1976 Table 5.8. Murder Rates per 100 000 Table 5.9. Methods Used for Executions since 1976 Table 5.10. Opinions on the Death Penalty Documents Code of Hammurabi (ca. 1780 BCE) The Bible Book of Exodus (ca. 1300 BCE) The Twelve Tables (ca. 450 BCE) The Magna Carta (June 15 1215) The English Bill of Rights (1689) The American Declaration of Independence (1776) Ordinance of the Northwest Territory (1787) Amendments to the U.S. Constitution Callins v. Collins (1994) United Nations Resolution on the Use of the Death Penalty (December 20 2012) 6 Resources Introduction General Information and Background Electronic Resources Organizations 7 Chronology Introduction 19th century 20th century Glossary Index About the Authors
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