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