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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.
New York Times Book Review Editor's Choice Drawing on never-before-published original source detail, the epic story of two of the most consequential, and largely forgotten, moments in Supreme Court history. For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia’s death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America. Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction. A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.
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.
With wide public support in 1994, Congress established more than sixty new capital crimes. In Justice in the Shadow of Death, Davis argues that, if the United States is ever to join the majority of the world in abolishing capital punishment, opponents of the death penalty must make a stronger philosophical case against it. He systematically dissects the arguments in favor of capital punishment and demonstrates why they are philosophically superior to opposing arguments. Justice in the Shadow of Death is an important book for philosophers, political theorists, policy analysts, and criminal justice specialists.
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
Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty comprehensively explores the Catholic stance against capital punishment in new and important ways. The broad perspective of this book has been shaped in conversation with the Catholic Mobilizing Network to End the Use of the Death Penalty, as well as through the witness of family members of murder victims and the spiritual advisors of condemned inmates. The book offers the reader new insight into the debates about capital punishment; provides revealing, and sometimes surprising, information about methods of execution; and explores national and international trends and movements related to the death penalty. It also addresses how the death penalty has been intertwined with racism, the high percentage of the mentally disabled on death row, and how the death penalty disproportionately affects the poor. The foundation for the church's position on the death penalty is illuminated by discussion of the life and death of Jesus, Scripture, the Mass, the Catechism of the Catholic Church, and the teachings of Pope John Paul II. Written for concerned Catholics and other interested readers, the book contains contemporary stories and examples, as well as discussion questions to engage groups in exploring complex issues.
Black journalist Abu-Jamal was convicted in 1982 of murdering a Philadelphia policeman. Abu-Jamal's defense attorney weighs in on the legal and social ambiguities of his case. Details Abu-Jamal's Black Panther background and the political atmosphere of Philadelphia.
Wild Justice by Joanna Mansell released on Sep 24, 1989 is available now for purchase.
The press called Martin's actions a "crime spree." Already convicted of armed robbery, Martin was facing the death penalty. In less than two weeks the jury would decide his fate. Terrified that his son would be sentenced to die, Phillip did the only thing he felt he could do: in an act of faith and desperation in his garage with the car exhaust running, Phillip made the consummate sacrifice to spare his son the ultimate punishment. Ironically, his suicide presented Martin's with another chance at life; the jury, moved by Martin's loss, spared his life. Phillip's story-like those of the other parents, siblings, children, and cousins chronicled in this book-vividly illustrates the precarious position family members of capital offenders occupy in the criminal justice system. At once outsiders and victims, they live in the shadow of death, crushed by trauma, grief, and helplessness. In this penetrating account of guilt and innocence, shame and triumph, devastating loss and ultimate redemption, the voices of these family members add a new dimension to debates about capital punishment and how communities can prevent and address crime. Restorative justice theory, which views violent crime as an extreme violation of relationships; searches for ways to hold offenders accountable; and meets the needs of victims and communities torn apart by the crime, organizes these narratives and integrates offenders' families into the process of transforming conflict and promoting justice and healing for all. What emerges from hundreds of hours' worth of in-depth interviews with family members of offenders and victims, legal teams, and leaders in the abolition and restorative justice movements is a vision of justice strongly rooted in the social fabric of communities. Showing that forgiveness and recovery are possible in the wake of even the most heinous crimes, while holding victims' stories sacred, this eye-opening book bridges the pain of living in the shadow of death with the possibility of a reparative form of justice. Anyone working with victims, offenders, and their families-from lawyers and social workers to mediators and activists-will find this riveting work indispensable to their efforts.