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From the assembled work of fifteen leading scholars emerges a complex and provocative portrait of lynching in the American South. With subjects ranging in time from the late antebellum period to the early twentieth century, and in place from the border states to the Deep South, this collection of essays provides a rich comparative context in which to study the troubling history of lynching. Covering a broad spectrum of methodologies, these essays further expand the study of lynching by exploring such topics as same-race lynchings, black resistance to white violence, and the political motivations for lynching. In addressing both the history and the legacy of lynching, the book raises important questions about Southern history, race relations, and the nature of American violence. Though focused on events in the South, these essays speak to patterns of violence, injustice, and racism that have plagued the entire nation. The contributors are Bruce E. Baker, E. M. Beck, W. Fitzhugh Brundage, Joan E. Cashin, Paula Clark, Thomas G. Dyer, Terence Finnegan, Larry J. Griffin, Nancy MacLean, William S. McFeely, Joanne C. Sandberg, Patricia A. Schechter, Roberta Senechal de la Roche, Stewart E. Tolnay, and George C. Wright.
This book provides an overview of capital punishment in Japan in a legal, historical, social, cultural and political context. It provides new insights into the system, challenges traditional views and arguments and seeks the real reasons behind the retention of capital punishment in Japan.
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.
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.
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.
Southerners are known for their strong sense of history. But the kinds of memories southerners have valued--and the ways in which they have preserved, transmitted, and revitalized those memories--have been as varied as the region's inhabitants themselves. This collection presents fresh and innovative perspectives on how southerners across two centuries and from Texas to North Carolina have interpreted their past. Thirteen contributors explore the workings of historical memory among groups as diverse as white artisans in early-nineteenth-century Georgia, African American authors in the late nineteenth century, and Louisiana Cajuns in the twentieth century. In the process, they offer critical insights for understanding the many communities that make up the American South. As ongoing controversies over the Confederate flag, the Alamo, and depictions of slavery at historic sites demonstrate, southern history retains the power to stir debate. By placing these and other conflicts over the recalled past into historical context, this collection will deepen our understanding of the continuing significance of history and memory for southern regional identity. Contributors: Bruce E. Baker Catherine W. Bishir David W. Blight Holly Beachley Brear W. Fitzhugh Brundage Kathleen Clark Michele Gillespie John Howard Gregg D. Kimball Laurie F. Maffly-Kipp C. Brenden Martin Anne Sarah Rubin Stephanie E. Yuhl
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
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.
Lynching was a national crime. But it obsessed the South. W. Fitzhugh Brundage's multidisciplinary approach to the complex nature of lynching delves into the such extrajudicial murders in two states: Virginia, the southern state with the fewest lynchings; and Georgia, where 460 lynchings made the state a measure of race relations in the Deep South. Brundage's analysis addresses three central questions: How can we explain variations in lynching over regions and time periods? To what extent was lynching a social ritual that affirmed traditional white values and white supremacy? And, what were the causes of the decline of lynching at the end of the 1920s? A groundbreaking study, Lynching in the New South is a classic portrait of the tradition of violence that poisoned American life.