Download or read book The Eighth Amendment and Its Future in a New Age of Punishment written by Meghan J. Ryan and published by Cambridge University Press. This book was released on 2020-06-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.
Download or read book The Eighth Amendment and Its Future in a New Age of Punishment written by Meghan J. Ryan and published by Cambridge University Press. This book was released on 2020-06-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines.
Download or read book The Eighth Amendment and Its Future in a New Age of Punishment written by Meghan J. Ryan and published by Cambridge University Press. This book was released on 2022-07-07 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.
Download or read book Capital Punishment 1978 written by United States. National Criminal Justice Information and Statistics Service and published by . This book was released on 1979 with total page 112 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: Refusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.
Download or read book No Cruel or Unusual Punishment written by David Machajewski and published by The Rosen Publishing Group, Inc. This book was released on 2018-12-15 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the U.S. Constitution was ratified in 1788, it had a major flaw: it failed to acknowledge individual rights. Early Americans were not pleased. They didn't believe their new government was respecting their freedoms. Thus, the Bill of Rights was created. Readers will explore the history, significance, and controversy surrounding the Eighth Amendment to the U.S. Constitution, which prohibits cruel or unusual punishment. Primary sources, sidebars, and compelling stories, demonstrate how the amendment protects, and potentially harms, criminals. Historic and present-day examples of long-standing debates about the amendment's controversial "cruel and unusual" clause further illustrate the amendment's importance.
Download or read book The Eighth Amendment written by Greg Roza and published by The Rosen Publishing Group, Inc. This book was released on 2011-01-15 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Eighth Amendment which empowers the people as it guarantees protection of basic rights of citizens accused of a crime.
Download or read book Imprisoned by the Past written by Jeffrey L. Kirchmeier and published by Oxford University Press, USA. This book was released on 2015 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Imprisoned by the Past' recounts the history of the American death penalty and connects that history to the case of Warren McCleskey. By highlighting the relation between American history and an individual case it provides a unique understanding of the big picture of capital punishment in the context of a compelling human story.
Download or read book The Supreme Court s Role in Mass Incarceration written by William T. Pizzi and published by Routledge. This book was released on 2020-09-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court’s Role in Mass Incarceration illuminates the role of the United States Supreme Court’s criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades—despite the substantial decline in the crime rate—the author posits that part of the explanation is the Court’s failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate—the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.
Download or read book The War on Kids written by Cara H. Drinan and published by Oxford University Press. This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2003, when Terrence Graham was sixteen, he and three other teens attempted to rob a barbeque restaurant in Jacksonville, Florida. Though they left with no money, and no one was seriously injured, Terrence was sentenced to die in prison for his involvement in that crime. As shocking as Terrence's sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. In the United States, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities, they may be held in solitary confinement, and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America's courts were subject to the death penalty; today, they still may be sentenced to die in prison-no matter what efforts they make to rehabilitate themselves. America has waged a war on kids. In The War on Kids, Cara Drinan reveals how the United States went from being a pioneer to an international pariah in its juvenile sentencing practices. Academics and journalists have long recognized the failings of juvenile justice practices in this country and have called for change. Despite the uncertain political climate, there is hope that recent Supreme Court decisions may finally make those calls a reality. The War on Kids seizes upon this moment of judicial and political recognition that children are different in the eyes of the law. Drinan chronicles the shortcomings of juvenile justice by drawing upon social science, legal decisions, and first-hand correspondence with Terrence and others like him-individuals whose adolescent errors have cost them their lives. At the same time, The War on Kids maps out concrete steps that states can take to correct the course of American juvenile justice.
Download or read book Rethinking Juvenile Justice written by Elizabeth S Scott and published by Harvard University Press. This book was released on 2009-06-30 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.
Download or read book Implicit Racial Bias Across the Law written by Justin D. Levinson and published by Cambridge University Press. This book was released on 2012-04-23 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how scientific evidence on the human mind might help to explain why racial equality is so elusive. Through the lens of powerful and pervasive implicit racial attitudes and stereotypes, it examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination.
Download or read book Preventing Cruel and Unusual Punishment written by Hallie Murray and published by Enslow Publishing, LLC. This book was released on 2017-07-15 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Founding Fathers created the Eighth Amendment to protect the people from the kind of abuse they had seen while the colonies were under British rule. But to this day, Americans continue to argue about what exactly cruel and unusual, excessive bail, and excessive fines mean. Through full-color and black-and-white photos, engaging text, and primary sources, students will examine the events leading up to the Eighth Amendments creation, how it has been defined throughout the centuries, and how it is interpreted today. In addition, informative sidebars and a further reading section with books and websites encourage students to explore the people and events of this time in history in more depth.
Download or read book So Long as They Die written by and published by Human Rights Watch. This book was released on 2006 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendations. To state and federal corrections agencies - To state legislators and the U.S. Congress. -- I. Development of lethal injection protocols. Oklahoma - Texas - Tennessee - Lethal injection machines - Public access to lethal injection protocols. -- II. Lethal injection drugs. Potassium chloride - Pancuronium bromide - Sodium thiopental - The failure to review protocols. -- III. Lethal injection procedures. Qualifications of execution team - Checking the IV equipment - Level of anesthesia not monitored. -- IV. Physician participation in executions and medical ethics. -- V. Case study: Morales v. Hickman. -- VI. Botched executions. -- VII. International human rights and U.S. constitutional law. International human rights law - U.S. Constitutional law. -- Appendix A: State Execution Methods. -- Acknowledgements.
Download or read book The Death Penalty as Torture written by John D. Bessler and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Death Penalty as Torture: From the Dark Ages to Abolition was named a Bronze Medalist in the World History category of the Independent Publisher Book Awards and a finalist in the Eric Hoffer Book Awards (2018). During the Dark Ages and the Renaissance, Europe's monarchs often resorted to torture and executions. The pain inflicted by instruments of torture--from the thumbscrew and the rack to the Inquisition's tools of torment--was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English "Bloody Code" made more than 200 crimes punishable by death, and judicial torture--expressly authorized by law and used to extract confessions--permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts. In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria--the father of the world's anti-death penalty movement--condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of "lawful sanctions," some countries continue to carry out executions even though they bear the indicia of torture. In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which "mock" or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries--one of the products of the Enlightenment--now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty's use.
Download or read book The Death of Punishment written by Robert Blecker and published by St. Martin's Press. This book was released on 2013-11-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: For twelve years Robert Blecker, a criminal law professor, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder. The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, the history and philosophy professor exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often live the best lives. The Death of Punishment challenges the reader to refine deeply held beliefs on life and death as punishment that flare up with every news story of a heinous crime. It argues that society must redesign life and death in prison to make the punishment more nearly fit the crime. It closes with the final irony: If we make prison the punishment it should be, we may well abolish the very death penalty justice now requires.
Download or read book Reforming Juvenile Justice written by National Research Council and published by National Academies Press. This book was released on 2013-05-22 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
