Download or read book The Courts the Constitution and Capital Punishment written by Hugo Adam Bedau and published by . This book was released on 1977 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courting Death written by Carol S. Steiker and published by Harvard University Press. This book was released on 2016-11-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
Download or read book Courting Death written by Carol S. Steiker and published by Harvard University Press. This book was released on 2016-11-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time. In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by restoring it in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place. While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
Download or read book Arbitrary and Capricious written by Michael A. Foley and published by Bloomsbury Publishing USA. This book was released on 2003-06-30 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all. Nearly 100 influential Supreme Court capital punishment-related cases from 1878-2002 are examined, beginning with Wilkerson v. Utah, which question not the legitimacy of capital punishment, but the methods of execution. Over time, focus shifted from the constitutionality of certain methods to the fairness of who was being sentenced for capital crimes—and why. The watershed 1972 ruling Furman v. Georgia reversed the Court's stand on capital punishment, holding that the arbitrary and capricious imposition of the death penalty is cruel and unusual punishment, and therefore unconstitutional. Furman clarified that any new death penalty legislation must contain sentencing procedures that avoid the arbitrary infliction of a life-ending verdict, which led to the current complex tangle of issues surrounding the death penalty and its constitutional viability.
Download or read book The Death Penalty written by Scott Vollum and published by Routledge. This book was released on 2014-03-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Death Penalty, Third Edition, brings together all the legal issues related to the death penalty and provides case briefs for the most important United States Supreme Court death penalty cases. No other book available brings together a discussion of the major constitutional issues surrounding the death penalty with a broad array of associated case briefs. The authors classify cases according to legal issues and provide a commentary on the various sub-topics, presenting legal materials in an easily understood form. Though the primary audiences of the book are undergraduates in criminal justice programs and practitioners in the corrections and justice systems, the book will also prove useful to anyone who has an interest in the death penalty, the criminal justice system, or the United States Constitution. Every chapter starts with commentaries regarding general case law in a sub-topic, such as aggravating and mitigating factors, followed by a chart of the cases briefed in the chapter, and then the case briefs. These case briefs acquaint the reader with Supreme Court cases by summarizing facts, issues, reasons, and holdings. The Death Penalty, Third Edition, is a succinct, trusted guide to the law of capital punishment in the United States. Offers a large number of case briefs from the most important and most recent Supreme Court decisions involving the death penalty to illustrate evolution of death penalty law and the Constitutional standing of capital punishment Reflects significant shifts in the social and political climate surrounding the death penalty in recent years Provides updated discussion of key death penalty trends and issues including those associated with number of executions, wrongful convictions/executions, public attitudes and support for the death penalty, and current controversies surrounding its use
Download or read book Furman V Georgia written by Burt M. Henson and published by . This book was released on 1996 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the history of capital punishment, explains the United States Supreme Court's decision in Furman v. Georgia, and explores the impact of this case.
Download or read book Cruel and Unusual written by Michael Meltsner and published by William Morrow. This book was released on 1974 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The History of the Death Penalty in the United States written by Jacqueline Herrmann and published by GRIN Verlag. This book was released on 2008-03-07 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2007 in the subject American Studies - Culture and Applied Geography, grade: 1-, University of Frankfurt (Main) (Institut für England- und Amerikastudien), course: Social Issues in U.S. Supreme Court History, language: English, abstract: Die Arbeit verschafft einen Überblick über die Todesstrafe in der USA. Dabei wird versucht die gesamte Geschichte der Todesstrafe von der Kolonialzeit bis heute zu skizzieren. Anhand ausgewählter Fälle des Obersten Gerichtshofes (vor allem aus den 1960er Jahren) werden Verfassungsmässigkeit etc. bestimmter Fälle diskutiert. Insgesamt verschafft die Arbeit einen guten Überblick über das gesamte Todesstrafensystem der USA (nur auf jurisitischer, nicht politischer oder moralischer Ebene) Electrocution, lethal injection, gas chamber, hanging, shooting, beheading or stoning are different ways or instruments to execute a person who is sentenced to death. Death penalty or capital punishment means the intentional killing of a person who is guilty to have committed a certain crime. After a legal trial, the person is sentenced to death. The way by which the death is put into effect depends on the country and its laws. Death penalty or capital punishment is a very controversial topic concerning political, judicial and moral issues. This paper will be about the death penalty prior in the United States of America. In part I, I will present some facts and figures as well as give a short introduction to death penalty in general. I think it will be also necessary to outline the history of the death penalty in the United States. I will give a short overview of the most important developments from colonial times until the 1950s. The 1960s constituted a big challenge for the legality and constitutionality of the death penalty. That is why I will analyze this period in particular in Part II of this work. I will present selected Supreme Court Cases and their decisions. Thus, I will try to elaborate the judicial developments of the death penalty in the United States. Therefore, I will deal with cases regarding the constitutionality of the death penalty; furthermore with cases on death penalty laws and limitations of the death penalty. I want to emphasize that I will concentrate primarily on the judicial aspects of this topic, I will not deal with moral or political issues, but they might be mentioned additionally. By this means, I would like to examine how the death penalty is anchored in U.S. law and to find out which cases played an important role and contributed to this development. In so doing, I will draft a picture of the death penalty system in the United States.
Download or read book The Case Against the Death Penalty written by Hugo Adam Bedau and published by . This book was released on 1984 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review of the Death Penalty written by David Pannick and published by Bloomsbury Academic. This book was released on 1982 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good,No Highlights,No Markup,all pages are intact, Slight Shelfwear,may have the corners slightly dented, may have slight color changes/slightly damaged spine.
Download or read book Cruel Unusual written by John D. Bessler and published by UPNE. This book was released on 2012 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: This indispensable history of the Eighth Amendment and the founders' views of capital punishment is also a passionate call for the abolition of the death penalty based on the notion of cruel and unusual punishment
Download or read book The Death Penalty written by D. J. Herda and published by Enslow Publishing, LLC. This book was released on 2016-12-15 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The death penalty is surely one of the most highly contentious points the Supreme Court has had to weigh in on. Whether you believe in the death penalty or not, the Furman v. Georgia case was groundbreaking in its decision to stay Furmans execution because it was arbitrary and, very possibly, racially motivated. Though it did not stop capital punishment, the case changed the way states had to weigh their decisions. Also included are questions to consider, primary source documents, and a chronology of the case.
Download or read book The Death Penalty written by Joseph A. Melusky and published by Bloomsbury Publishing USA. This book was released on 2014-01-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is the death penalty considered "cruel and unusual punishment" or "constitutionally permissible"? This book exposes readers directly to landmark opinions of the U.S. Supreme Court that strive to answer difficult questions regarding capital punishment. This book provides far more than an effective overview of the history, current status, and future of capital punishment in America; it supplies excerpts of the words of the justices themselves to make these judicial opinions readily accessible and understandable to general audiences. As a result, readers can see what the justices had to say for themselves regarding more than 30 important cases involving the death penalty—without relying on any intermediary interpretations of their statements. After a brief historical summary of the debate over capital punishment and the arguments favoring and opposing capital punishment, the book "decodes" how the justices have interpreted and applied constitutional provisions to historical and contemporary controversies. Each case includes brief narrative commentaries inserted by the authors to provide context for the justices' words. Additionally, the excerpted judicial opinions are presented as primary source documents for the reader's inspection and reflection.
Download or read book Capital Punishment written by Bruce E. R. Thompson and published by Greenhaven Publishing LLC. This book was released on 2009-06-25 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an abundance of information on the history of capital punishment, and ongoing opposition to it. Author Bruce E.R. Thompson includes narratives on well-known figures on both sides of the issue. Various methods of execution are explained and their use placed in historical context. Legal terminology important to the debate is defined and explained.
Download or read book The Death Penalty written by Ernest Van den Haag and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.
Download or read book The Death Penalty in the United States written by Louis J. Palmer, Jr. and published by McFarland. This book was released on 2013-10-23 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The death penalty landscape has changed considerably since the 1998 first edition of this book. For example, six states that had the death penalty--Connecticut, Illinois, Maryland, New Jersey, New Mexico and New York--no longer impose the punishment. Some of the changes set out in this second edition involve discussions of all of the significant cases decided by the United States Supreme Court after 1998, including Roper v. Simmons, 543 U.S. 551 (2005); Atkins v. Virginia, 536 U.S. 304 (2002); Schriro v. Smith, 126 S.Ct. 7 (2005); Harbison v. Bell, 129 S.Ct. 1481 (2009); Holmes v. South Carolina, 126 S.Ct. 1727 (2006); Kansas v. Marsh, 126 S.Ct. 2516 (2006); Ring v. Arizona, 536 U.S. 584 (2002); Sattazahn v. Pennsylvania, 537 U.S. 101 (2003). This new edition includes 13 new chapters. They cover such topics as capital felon's defense team; habeas corpus, coram nobis and section 1983 proceedings; the Innocence protection act and post-conviction DNA testing; challenging the death sentence under racial justice acts; inhabited American territories; and the costs of capital punishment.
Download or read book Against the Death Penalty written by Stephen Breyer and published by Brookings Institution Press. This book was released on 2016-08-23 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A landmark dissenting opinion arguing against the death penalty. Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues that it does; that it is carried out unfairly and inconsistently and, thus, violates the ban on ""cruel and unusual punishments"" specified by the Eighth Amendment to the Constitution. “Today’s administration of the death penalty,” Breyer writes, “involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use.” This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia—as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions."
