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Traces the role of the aggravated felony in today’s deportation regime In immigration courts across America, a non-citizen convicted of an “aggravated felony” will almost certainly face deportation with no access to asylum. However, despite the ominous-sounding name, aggravated felonies need not be either “aggravated” or “felonies.” The term encompasses more than thirty offenses, ranging from check fraud and shoplifting to filing a false tax return. The recent expansion in the list of such offenses has resulted in astronomical rates of deportation. This book chronicles the rise of the use of the aggravated felony, known by lawyers as the “immigration law death penalty,” to criminalize and then deport immigrants. Immigrants convicted of aggravated felonies are subject to mandatory detention and almost certain deportation—and are ineligible for almost all forms of legal relief from removal. Furthermore, immigrants convicted of aggravated felonies can be detained for months or even years without bond, are not guaranteed lawyers, and can even be deported without an opportunity to plead their case in court. Sarah Tosh provides the first in-depth understanding of how aggravated felonies have been used to deport thousands of documented and undocumented immigrants and how the severe, expansive, and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance. The Immigration Law Death Penalty is an urgent read for anyone committed to protecting the rights of immigrants nationwide.
The unsung heroes who defend the accused from the ultimate punishment What motivates someone to make a career out of defending some of the worst suspected killers of our time? In Capital Defense, Jon B. Gould and Maya Pagni Barak give us a glimpse into the lives of lawyers who choose to work in the darkest corner of our criminal justice system: death penalty cases. Based on in-depth personal interviews with a cross-section of the nation’s top capital defense teams, the book explores the unusual few who voluntarily represent society’s “worst of the worst.” With a compassionate and careful eye, Gould and Barak chronicle the experiences of American lawyers, who—like soldiers or surgeons—operate under the highest of stakes, where verdicts have the power to either “take death off the table” or put clients on “the conveyor belt towards death.” These lawyers are a rare breed in a field that is otherwise seen as dirty work and in a system that is overburdened, under-resourced, and overshadowed by social, cultural, and political pressures. Examining the ugliest side of our criminal justice system, Capital Defense offers an up-close perspective on the capital litigation process and its impact on the people who participate in it.
"Through an examination of the historical development and contemporary outcomes of the "aggravated felony" category of deportable crimes, From Criminalization to Deportation provides new understanding of the ways that criminal justice system inequities are reproduced through processes of immigration enforcement and deportation. The severe, expansive, and racially disparate outcomes of the aggravated felony are met with innovative legal responses, bolstered by networks of community-based resistance-with key implications for those concerned with creating equal systems of justice and protecting the rights of immigrants nationwide"--
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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.
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.
From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.
This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.
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. Emphasizing the impact of international human rights principles and evidence of abuse, the authors examine how this has fueled challenges to the death penalty and they analyze 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.