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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.
"The Expanding Prison is a provocative, cogent argument for prison reform. David Cayley argues that our overpopulated prisons are more reflective of a society that is becoming increasingly polarized than of an actual surge in crime. This book considers proven alternatives to imprisonment that emphasize settlement-oriented techniques over punishment, and move us towards a vision of justice as peace-making rather than one of vengeance."
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
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.
The issue of capital punishment is a continually-debated issue because it calls into question the values and direction of society. How is a civilisation supposed to handle lawbreakers? Are some crimes so heinous and some people so dangerous that the death penalty is the only appropriate response? The United States Constitution prohibits 'cruel and unusual punishment', but opinions on whether that includes capital punishment are vehement on both sides. Many states have some form of death penalty, and public opinion seems to indicate support of it in principle. However, many firestorms have erupted recently over the application of the penalty, including the topics of its use on minors and those with mental disabilities. There are also questions raised about how much of a factor race plays in a capital sentence. Internationally, several countries have foresworn the death penalty, with certain countries in Europe and the Americas refusing to extradite criminal suspects (including suspected terrorists) to the US if capital punishment is a possible sentence. With such politically flammable and ethically challenging issues hanging over it, capital punishment is a vitally important issue to understand. To help facilitate that study, this book assembles a carefully selected and substantial listing of literature focussing on the death penalty. Anyone researching this area of criminal justice will find this book an important tool as it offers easy access to the most relevant works about capital punishment. Following the bibliography, further access is provided with author, title, and subject indexes.
This comprehensive and authoratative four-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present.
This book redefines the central political and legal issues of the death penalty in the light of the social, political, and moral conditions of the United States in the 1980s. The book, which shows a United States pursuing an active execution policy, is an original and compelling contribution to the discussion of the future of the death penalty.