Death Penalty America's Experience with Capital Punishment

ISBN-10: 0195332423
ISBN-13: 9780195332421
Edition: 2008
List price: $54.95 Buy it from $4.20
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Description: This book addresses one of the most controversial issues in the criminal justice system today--the death penalty. Paternoster et al. present a balanced perspective that focuses on both the arguments for and against capital punishment. Coverage draws  More...

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Book details

List price: $54.95
Copyright year: 2008
Publisher: Oxford University Press, Incorporated
Publication date: 7/2/2007
Binding: Paperback
Pages: 362
Size: 6.00" wide x 8.75" long x 0.75" tall
Weight: 1.276
Language: English

This book addresses one of the most controversial issues in the criminal justice system today--the death penalty. Paternoster et al. present a balanced perspective that focuses on both the arguments for and against capital punishment. Coverage draws on legal, historical, philosophical, economic, sociological, and religious points of view. Topics include: * The history of the death penalty in the United States, from the 1600s to today * The changing nature of the death penalty--changes in the types of crimes that warranted the penalty, the procedures employed to put capital offenders on trial, and the methods used to impose death * Constitutional/legal issues surrounding the death penalty * The influence of race on the administration of the death penalty, both in the past and in the present * Justifications for and against the death penalty (retribution, cost, public safety, and religious arguments) * Questions about the execution of innocents, exonerated capital offenders, and flaws in the operation of the death penalty * Public opinion and the death penalty * The death penalty and international law and practice * The future of the death penalty in America

Raymond Paternoster is Professor of Criminology and Criminal Justice and Director of the Office of Academic Computing Services at the University of Maryland. Robert Brame is Associate Professor in the Department of Criminology and Criminal Justice at the University of South Carolina. Sarah Bacon is Visiting Assistant Professor in the College of Criminology and Criminal Justice at Florida State University.

Preface
Foreword
The Enduring Legacy of Capital Punishment in the United States
Introduction
Capital Punishment in the Early Period: 1608-1929
Capital Crimes and Capital Statutes in the Early Period
Characteristics of Executions in the Early Period
Changes in the Practice of the Death Penalty in the Early Period
Methods of Execution in the Early Period
Location of the Death Penalty in the Early Period
Chapter Summary
Discussion Questions
Student Resources
Endnotes
Capital Punishment in the Premodern Period: 1930-1967
Capital Crimes and Capital Statutes in the Premodern Period
Characteristics of Executions in the Premodern Period
Methods of Execution in the Premodern Period
Location of the Death Penalty in the Premodern Period
Chapter Summary
Discussion Questions
Student Resources
Endnotes
Capital Punishment in the Modern Period: 1976-Present
Capital Crimes and Capital Statutes in the Modern Period
Characteristics of Executions in the Modern Period
Methods of Execution in the Modern Period
Location of the Death Penalty in the Modern Period
Changes in the Practice of the Death Penalty in the Modern Period
The Federal and Military Death Penalty
Chapter Summary
Discussion Questions
Student Resources
Endnote
Legal History, Constitutional Requirements, and Common Justifications for Capital Punishment in the United States
Introduction
A Brief Legal History of Capital Punishment in the United States
Early Constitutional Challenges to the Method of Imposing Death
Constitutional Theories About What the Eighth Amendment Prohibits
A Definition of 'Cruel and Unusual'
The Death Penalty's Decline in Popularity and Challenges to Its Constitutionality-The Prelude to McGautha v. California
The Death Penalty Is Not Procedurally Flawed-The Case of McGautha v. California
The Death Penalty as Currently Administered Is So Procedurally Flawed That It Constitutes 'Cruel and Unusual Punishment'-The Case of Furman v. Georgia
Chapter Summary
Discussion Questions
Student Resources
Endnotes
Constitutional Requirements for Capital Punishment in the United States
The Response to Furman: Mandatory and Guided Discretion Capital Statutes
The Execution of Special Groups-The Retarded, the Young, and the Mentally Ill
The Death Penalty for the Mentally Retarded
The Death Penalty for Juveniles
The Death Penalty for the Mentally Ill
Chapter Summary
Discussion Questions
Student Resources
Endnotes
Common Justifications for the Death Penalty
Retribution: The Moral Argument for the Death Penalty
Kantian Retribution
Berns' Argument
Van den Haag's Argument
Other Retributivist Views
Some Examples
Cost: The Financial Argument for the Death Penalty
Incapacitation: One of the Public Safety Arguments for the Death Penalty
General Deterrence: The Other Public Safety Argument for the Death Penalty
Sellin's Research
Ehrlich's Strategy
Other Researchers
Religious Positions For and Against the Death Penalty
Chapter Summary
Discussion Questions
Student Resources
Endnotes
The Administration of the Death Penalty: Issues of Race and Human Fallability
Introduction
Race, the Law, and Punishment
The Peculiar Institution
The Slave Codes
Criminal Codes
Race and Legal Institutions After the Civil War
The Black Codes
Radical Reconstruction
Jim Crow Laws
Disenfranchisement
Violence Against Blacks
Chapter Summary
Discussion Questions
Student Resources
Endnotes
Race and Capital Punishment
Race and Capital Punishment: 1930-1967
The Indictment and Charging Decision
The Conviction and Sentencing Decision
The Commutation Decision
Evidence of Racially Disparate Treatment in the Courts
Race and Capital Punishment, 1976 to the Present
The Indictment and Charging Decision
The Conviction and Sentencing Decision
Post-Furman Evidence of Racial Discrimination in Capital Sentencing Before the Courts-McCleskey v. Kemp
Chapter Summary
Discussion Questions
Student Resources
Endnotes
Problems in Administering the Death Penalty
The Possibly Innocent
The Carlos DeLuna Case
The Joseph O'Dell Case
The Gary Graham Case
The Exonerated
Gary Gauger
Anthony Porter
Frank Lee Smith
Kirk Bloodsworth
Rolando Cruz
Ryan Matthews
A 'Broken System'
Ineffective or Incompetent Defense Counsel
Prosecutor and Law Enforcement Misconduct
Jail House Snitches and 'Junk Science'
Chapter Summary
Discussion Questions
Student Resources
Endnotes
What's to Come of the Death Penalty
Introduction
Capital Punishment in America's Future
Public Support for the Death Penalty in the United States
The Death Penalty in Other Countries
Predictions About the Future of the Death Penalty in America
What About Life Without the Possibility of Parole?
Chapter Summary
Discussion Questions
Student Resources
Endnotes
About the Authors
References
Case Index
Name Index
Subject Index

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