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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 | |