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This is the third volume in the three volume collection Children and the Law. Volume three, Child v.s. State, explores the rights of children against the state. Areas treated in this volume include freedom of speech, (the restriction of newspapers, music, arm-bands, etc.) the right of a minor to refuse medical treatment, and a minor's right to contraception and abortion with ad without parental consent. This volume also includes the rights of minors to separate from their legal parents; the rights of children to know their biological parents in the case of adoption; and the rights of children resisting repatriation to relatives outside the United States.
"Kent Greenawalt's Interpreting the Constitution combines a generalized account of the various approaches to interpretation with an examination of the major domains of American constitutional law. The third and capstone volume of his landmark series on legal interpretation, he utilizes numerous individual examples of decisions to illustrate his argument, which in combination demonstrate that his argument is undeniably in accord with the continuing practice of the United States Supreme Court over time. The book's central thesis is that strategies of constitutional interpretation cannot be simple and that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and which is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what the enactors' aims were matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes, what modern citizens understand becomes ever more important, diminishing the significance of original understanding. Simple versions of textualist originalism do not reflect changes in understanding over time and are therefore not really supportable. The focus on specific provision shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1965. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the particular issues at hand. How much deference judges should accord political actors also depends critically on the kind of issue involved. At once sweeping in scope and analytically powerful, this final volume cements Greenawalt's legacy as one of the leading legal scholars of this era"--Unedited summary from book jacket.
This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ‘saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.
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
The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
Providing a new look at the intense public debate surrounding the death penalty in the United States, this book explores the various trends in public opinion that influence crime prevention efforts, create public policy, and reform criminal law. It examines eight core issues about the use of execution: cruel and unusual punishment, discrimination, deterrence, due process, culpability, scripture, innocence, and justice. It provides a brief history of capital punishment in the United States from the earliest known execution at the Jamestown Colony in 1608 to executions occurring as recently as 2008. Additional topics include the regionalization of capital punishment sentences, the spiritual and scriptural debate over the death penalty, the role of DNA evidence in modern execution sentences, and the ongoing effects of Furman v. Georgia, McClesky v. Kemp, Baze v. Rees, and other related court rulings.