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Reprint of the original, first published in 1873.
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.
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
This distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court's most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979.
This new edition of a classic study assesses the global status of capital punishment. As in previous editions, this work draws on Roger Hood's experiences as consultant to the United Nations for the Secretary General's five-yearly surveys of capital punishment as well as the latest literature from non-governmental organizations and academic experts. This edition examines significant developments around the world including the Chinese plan for the People's Supreme Court to review all death sentences, and the abolition in the USA of the death penalty for offenders who committed murder while under the age of 18. Recent legal challenges to lethal injection as a form of execution are also examined. This edition also includes an additional chapter on the role and influence of victims' families and victim interest movements. This volume shows how, despite a number of set-backs, the movement to abolish the death penalty has continued to gather pace; that international organizations and human rights treaties continue to put pressure on retentionist countries; that further developments have been made in securing protection for those facing the death penalty in retentionist counties; and that, despite such advances, in some parts of the world the range of crimes subject to the death penalty remains wide and the number of executions considerable. This work engages with the latest debates on the realities of capital punishment, with claims that the death penalty is a unique deterrent to murder and other serious crimes, and contains expanded coverage of arguments about the role of public opinion in the debate on capital punishment.
Is the death penalty a deterrent? Is it applied disproportionately to certain ethnic groups? How harsh is life on death row? In this expanded new edition the author examines these and other controversial issues, draws conclusions from the current research, and discusses their implication for social policy. Topics such as capital punishment policies around the world, executions in the United States, public opinion on the death penalty, juries and the death penalty, and economic analyses of the deterrent factor all receive comprehensive coverage. Appendices round out this newly revised and updated text with studies on public attitudes toward rape and capital punishment, and the deterrent effect of executions on the homicide rate in the United States.
Death Penalty Cases presents significant verbatim excerpts of death-penalty decisions from the United States Supreme Court. The first chapter introduces the topics discussed throughout the book. It also includes a detailed history of the death penalty in the United States. After this introduction, the remaining eighteen chapters are divided into five parts: Foundational Cases, Death-Eligible Crimes and Persons, The Death Penalty Trial, Post-Conviction Review, and Execution Issues. The first part, consisting of five chapters, talks about the mandatory death penalty, mitigating evidence and racial bias. The next part covers death-eligible crimes, such as rape and other crimes that do not involve homicide and murder. The middle part presents the trial process, from choosing the appropriate decision-makers through the sentencing decision. Followed by this is a chapter focusing on the aftermath of conviction, such as claims of innocence. The book concludes by exploring issues related to execution, such as not executing insane convicts. Finally, execution methods are presented. Provides the most recent case material--no need to supplement Topical organization of cases provides a more logical organization for structuring a course Co-authors with different perspectives on the death penalty assures complete impartiality of the material Provides the necessary historical background, a clear explanation of the current capital case process, and an impartial description of the controversies surrounding the death penalty Provides the latest statistics relevant to discussions on the death penalty Clearly explains the different ways in which the states process death penalty cases, with excerpts of the most relevant statutes
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
When news breaks that a convicted murderer, released from prison, has killed again, or that an innocent person has escaped the death chamber in light of new DNA evidence, arguments about capital punishment inevitably heat up. Few controversies continue to stir as much emotion as this one, and public confusion is often the result. This volume brings together seven experts--judges, lawyers, prosecutors, and philosophers--to debate the death penalty in a spirit of open inquiry and civil discussion. Here, as the contributors present their reasons for or against capital punishment, the multiple facets of the issue are revealed in clear and thought-provoking detail. Is the death penalty a viable deterrent to future crimes? Does the imposition of lesser penalties, such as life imprisonment, truly serve justice in cases of the worst offences? Does the legal system discriminate against poor or minority defendants? Is the possibility of executing innocent persons sufficient grounds for abolition? In confronting such questions and making their arguments, the contributors marshal an impressive array of evidence, both statistical and from their own experiences working on death penalty cases. The book also includes the text of Governor George Ryan's March 2002 speech in which he explained why he had commuted the sentences of all prisoners on Illinois's death row. By representing the viewpoints of experts who face the vexing questions about capital punishment on a daily basis, Debating the Death Penalty makes a vital contribution to a more nuanced understanding of the moral and legal problems underlying this controversy.