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An awakening -- Inevitability of innocence -- Mercy vs. justice -- The great American death penalty decline -- The defense lawyering effect -- Murder insurance -- The other death penalty -- The execution decline -- End game -- The triumph of mercy
Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.
Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.
Is capital punishment morally justified? Although the issue generates strong opinions, there are no easy answers when it comes to taking the life of a human being. Supporters of the death penalty believe it deters law-breaking and is the only punishment strong enough for horrific crimes such as child murder and genocide. Opponents argue that it violates human rights and point to its finality in the face of judicial system error and unfairness. This resource presents a fascinating progression of current viewpoints that reflect the many facets of the death penalty debate.
Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as “the new death penalty.” Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.
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.
NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.
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