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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
The book describes how the courts dealt with murder, beginning with the coroner's inquest and ending with the conviction and hanging of the murderer. Between these two points the exquisite, almost balletic, procedure, of the courts and their officers is described, the Crown's case against the prisoner is analyzed, and the prisoner's defense is discussed. Magistrates, policemen, crown solicitors, witnesses, jurors, judges, and hangmen make their appearances. The prisoners, whose silence before and during their trials was their most notable characteristic in the nineteenth-century courts, make their apperances too, but not as prominently as their judicial custodians, until they finally and briefly come into the limelight on the gallows. An implicit theme of the book is the apparent contradiction between the apparent simplicity of the courts' procedures and the complexity of the rules that determined their operation. The book relies on a range of printed primary sources, such as newspapers, parliamentary papers, law reports, and legal textbooks, and on MS sources in the National Archives such as the Convict Reference Files. (Series: Irish Legal History Society)
Offers a unique behind the scenes look at the capital punishment cases that made it to the highest court in the land.
When murder is the crime, the clash in the courts is likely to be between two constitutionally enshrined rights—freedom of speech and the right to a fair trial. Peter E. Kane shows what happened in seven famous court cases when First Amendment rights (concerning freedom of speech) conflicted with Sixth Amendment rights (concerning fair trial). He reports the circumstances of each crime, the court proceedings, and the conduct of the press in the trials of Sam Sheppard, Charles Manson and his followers, John Paul Stevenson, Claus von Bülow, and Arthur Shawcross and the cases involving the Kellie family and the Wayne Clapp murders. Kane’s narrative and analytical approach illuminates legal principles and shows the roles of actual human beings underlying the abstractions of court opinions. In this revised and expanded edition, Kane considers two new topics stemming from recent court cases: cameras in the courtroom and a code of ethics for crime reporting. Kane explores the issue of cameras through the famous Claus von Bülow retrial, which featured live television broadcasts; regarding a journalistic code, Kane examines the massive pretrial reporting of the serial murders of Arthur Shawcross. Kane notes that sensational crime stories serve the interests of many people: the public wants to read them; journalists want to write them because they can make a reporter’s fortune and reputation; and editors and publishers want to sell papers. The sensational crime story serves everyone’s purpose except that of the accused. In addition to exploring journalistic ethics and the proper procedures for trial judges in guaranteeing a fair trial, these cases also provide an introduction to the operation of the courts in criminal justice. "The trial court is the arena in which the conflicts between a free press and a fair trial are played out," Kane writes. "This play is described here as are the subsequent evaluations of that play by the appellate courts. Thus the legal process is considered from its beginning with the original crime to the final resolution of the case in the United States Supreme Court."
In March 1913, labor agitator Mary Harris "Mother" Jones and forty-seven other civilians were tried by a military court on charges of murder and conspiracy to murder—charges stemming from violence that erupted during the long coal miners' strike in the Paint Creek and Cabin Creek areas of Kanawha County, West Virginia. Immediately after the trial, some of the convicted defendants received conditional pardons, but Mother Jones and eleven others remained in custody until early May. This arrest and conviction came in the latter years of Mother Jones's long career as a labor agitator. Eighty-one and feisty as ever, she was able to focus national attention on the miners' cause and on the governor's tactics for handling the dispute. Over the course of seven months, more than two hundred civilians were tried by courts-martial. Only during the Civil War and Reconstruction had the courts been used so extensively against private citizens, and the trial raised a number of civil rights issues. The national outcry over Mother Jones's imprisonment led the United States Senate to appoint a subcommittee to examine mining conditions in West Virginia—the first Senate subcommittee ever appointed to investigate a labor controversy. Public sentiment eventually forced a release of the prisoners and brought about a settlement of the strike. In the face of this overwhelmingly adverse publicity, the governor suppressed publication of the trial transcript, and it was long thought to have been destroyed. Edward M. Steel Jr., an authority on Mother Jones, uncovered the trial proceedings while searching for Jones's manuscripts amid private papers at the West Virginia and Regional Collection. This volume makes available for the first time the transcript of this landmark case in labor and legal history, including an introduction that provides background on the issues involved.
A biography of a young African-American man who escaped the slums of Newark for Yale University only to succumb to the dangers of the streets when he returned home.
Rex Feral kills for hire. Some consider him a criminal. Others think him a hero. In truth, he is a lethal weapon aimed at those he hunts. He is a last recourse in these times when laws are so twisted that justice goes unserved. He is a man who feels no twinge of guilt at doing his job. He is a professional killer. Learn how a pro gets assignments, creates a false identity, maizes a disposable silencer, leaves the scene without a trace, watches his mark unobserved and more. Feral reveals how to get in, do the job and get out without getting caught.
A seminal work and examination of the psychopathology of journalism. Using a strange and unprecedented lawsuit by a convicted murder againt the journalist who wrote a book about his crime, Malcolm delves into the always uneasy, sometimes tragic relationship that exists between journalist and subject. Featuring the real-life lawsuit of Jeffrey MacDonald, a convicted murderer, against Joe McGinniss, the author of Fatal Vision. In Malcolm's view, neither journalist nor subject can avoid the moral impasse that is built into the journalistic situation. When the text first appeared, as a two-part article in The New Yorker, its thesis seemed so radical and its irony so pitiless that journalists across the country reacted as if stung. Her book is a work of journalism as well as an essay on journalism: it at once exemplifies and dissects its subject. In her interviews with the leading and subsidiary characters in the MacDonald-McGinniss case -- the principals, their lawyers, the members of the jury, and the various persons who testified as expert witnesses at the trial -- Malcolm is always aware of herself as a player in a game that, as she points out, she cannot lose. The journalist-subject encounter has always troubled journalists, but never before has it been looked at so unflinchingly and so ruefully. Hovering over the narrative -- and always on the edge of the reader's consciousness -- is the MacDonald murder case itself, which imparts to the book an atmosphere of anxiety and uncanniness. The Journalist and the Murderer derives from and reflects many of the dominant intellectual concerns of our time, and it will have a particular appeal for those who cherish the odd, the off-center, and the unsolved.
New Orleans in the 1920s and 1930s was a deadly place. In 1925, the city’s homicide rate was six times that of New York City and twelve times that of Boston. Jeffrey S. Adler has explored every homicide recorded in New Orleans between 1925 and 1940—over two thousand in all—scouring police and autopsy reports, old interviews, and crumbling newspapers. More than simply quantifying these cases, Adler places them in larger contexts—legal, political, cultural, and demographic—and emerges with a tale of racism, urban violence, and vicious policing that has startling relevance for today. Murder in New Orleans shows that whites were convicted of homicide at far higher rates than blacks leading up to the mid-1920s. But by the end of the following decade, this pattern had reversed completely, despite an overall drop in municipal crime rates. The injustice of this sharp rise in arrests was compounded by increasingly brutal treatment of black subjects by the New Orleans police department. Adler explores other counterintuitive trends in violence, particularly how murder soared during the flush times of the Roaring Twenties, how it plummeted during the Great Depression, and how the vicious response to African American crime occurred even as such violence plunged in frequency—revealing that the city’s cycle of racial policing and punishment was connected less to actual patterns of wrongdoing than to the national enshrinement of Jim Crow. Rather than some hyperviolent outlier, this Louisiana city was a harbinger of the endemic racism at the center of today’s criminal justice state. Murder in New Orleans lays bare how decades-old crimes, and the racially motivated cruelty of the official response, have baleful resonance in the age of Black Lives Matter.
When competing restaurants open in Cabot Cove, Jessica must track down who killed one of the chefs.