Joseph Melusky, Keith Pesto

The Death Penalty

A Reference Handbook

• Gebundenes Buch

Produktbeschreibung

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.

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Produktdetails

• Verlag: Bloomsbury Publishing plc
• Seitenzahl: 392
• Erscheinungstermin: 30. Juni 2017
• Englisch
• Abmessung: 235mm x 157mm x 26mm
• Gewicht: 719g
• ISBN-13: 9781440845499
• ISBN-10: 1440845492
• Artikelnr.: 45339131

Autorenporträt

Joseph A. Melusky, Keith A. Pesto

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