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Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804767718
Category : Social Science
Languages : en
Pages : 364
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Book Description
How does the way we think and feel about the world around us affect the existence and administration of the death penalty? What role does capital punishment play in defining our political and cultural identity? After centuries during which capital punishment was a normal and self-evident part of criminal punishment, it has now taken on a life of its own in various arenas far beyond the limits of the penal sphere. In this volume, the authors argue that in order to understand the death penalty, we need to know more about the "cultural lives"—past and present—of the state’s ultimate sanction. They undertake this “cultural voyage” comparatively—examining the dynamics of the death penalty in Mexico, the United States, Poland, Kyrgyzstan, India, Israel, Palestine, Japan, China, Singapore, and South Korea—arguing that we need to look beyond the United States to see how capital punishment “lives” or “dies” in the rest of the world, how images of state killing are produced and consumed elsewhere, and how they are reflected, back and forth, in the emerging international judicial and political discourse on the penalty of death and its abolition. Contributors: Sangmin Bae Christian Boulanger Julia Eckert Agata Fijalkowski Evi Girling Virgil K.Y. Ho David T. Johnson Botagoz Kassymbekova Shai Lavi Jürgen Martschukat Alfred Oehlers Judith Randle Judith Mendelsohn Rood Austin Sarat Patrick Timmons Nicole Tarulevicz Louise Tyler
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804767718
Category : Social Science
Languages : en
Pages : 364
Get Book Here
Book Description
How does the way we think and feel about the world around us affect the existence and administration of the death penalty? What role does capital punishment play in defining our political and cultural identity? After centuries during which capital punishment was a normal and self-evident part of criminal punishment, it has now taken on a life of its own in various arenas far beyond the limits of the penal sphere. In this volume, the authors argue that in order to understand the death penalty, we need to know more about the "cultural lives"—past and present—of the state’s ultimate sanction. They undertake this “cultural voyage” comparatively—examining the dynamics of the death penalty in Mexico, the United States, Poland, Kyrgyzstan, India, Israel, Palestine, Japan, China, Singapore, and South Korea—arguing that we need to look beyond the United States to see how capital punishment “lives” or “dies” in the rest of the world, how images of state killing are produced and consumed elsewhere, and how they are reflected, back and forth, in the emerging international judicial and political discourse on the penalty of death and its abolition. Contributors: Sangmin Bae Christian Boulanger Julia Eckert Agata Fijalkowski Evi Girling Virgil K.Y. Ho David T. Johnson Botagoz Kassymbekova Shai Lavi Jürgen Martschukat Alfred Oehlers Judith Randle Judith Mendelsohn Rood Austin Sarat Patrick Timmons Nicole Tarulevicz Louise Tyler
Author: Daniel LaChance
Publisher: University of Chicago Press
ISBN: 022658318X
Category : History
Languages : en
Pages : 275
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Book Description
In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn’t trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death? That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans’ thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do—and LaChance argues, fascinatingly, that it’s the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States.
Author: David T. Johnson
Publisher: Springer Nature
ISBN: 3030320863
Category : Social Science
Languages : en
Pages : 139
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Book Description
This open access book provides a comparative perspective on capital punishment in Japan and the United States. Alongside the US, Japan is one of only a few developed democracies in the world which retains capital punishment and continues to carry out executions on a regular basis. There are some similarities between the two systems of capital punishment but there are also many striking differences. These include differences in capital jurisprudence, execution method, the nature and extent of secrecy surrounding death penalty deliberations and executions, institutional capacities to prevent and discover wrongful convictions, orientations to lay participation and to victim participation, and orientations to “democracy” and governance. Johnson also explores several fundamental issues about the ultimate criminal penalty, such as the proper role of citizen preferences in governing a system of punishment and the relevance of the feelings of victims and survivors.
Author: Carol S. Steiker
Publisher: Harvard University Press
ISBN: 0674737423
Category : History
Languages : en
Pages : 401
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Book Description
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
Author: Maurice Chammah
Publisher: Crown
ISBN: 1524760277
Category : Law
Languages : en
Pages : 369
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Book Description
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.
Author: David Von Drehle
Publisher: University of Michigan Press
ISBN: 0472026984
Category : Law
Languages : en
Pages : 497
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Book Description
Thorough and unbiased, Among the Lowest of the Dead is a gripping narrative that provides an unprecedented journalistic look into the actual workings of the capital punishment system. "Has all the tension of the best true crime stories . . . This is journalism at its best." --Library Journal "A compelling argument against capital punishment. . . . Examining politicians, judges (including Supreme Court Justices), prosecutors, defense attorneys and the condemned themselves, the author makes an effective case that, despite new laws, execution is no less a lottery than it has always been." --Publishers Weekly "In a fine and important book, Von Drehle writes elegantly and powerfully. . . . Anyone certain of their opinion about the death penalty ought to read this book." -- Booklist "An extremely well-informed and richly insightful book of great value to students of the death penalty as well as intelligent general readers with a serious interest in the subject, Among the Lowest of the Dead is also exciting reading. The book is an ideal guide for new generations of readers who want to form knowledgeable judgments in the continuing--and recently accelerating--controversies about capital punishment." --Anthony Amsterdam, New York University "Among the Lowest of the Dead is a powerfully written and meticulously researched book that makes an invaluable contribution to the growing public dialogue about capital punishment in America. It's one of those rare books that bridges the gap between mass audiences and scholarly disciplines, the latter including sociology, political science, criminology and journalism. The book is required reading in my Investigative Journalism classes--and my students love it!" --David Protess, Northwestern University "Among The Lowest of the Dead deserves a permanent place in the literature as literature, and is most relevant to today's death penalty debate as we moderate advocates and abolitionists search for common ground." --Robert Blecker, New York Law School David Von Drehle is Senior Writer, The Washington Post and author of Triangle: The Fire that Changed America.
Author: John Cyril Barton
Publisher: JHU Press
ISBN: 1421413329
Category : Law
Languages : en
Pages : 345
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Book Description
"In Literary Executions, John Barton analyzes nineteenth-century representations of, responses to, and arguments for and against the death penalty in the United States. The author creates a generative dialogue between artistic relics and legal history. Novels, short stories, poems, and creative nonfiction engage with legislative reports, trial transcripts, legal documents, newspaper and journal articles, treatises, and popular books (like The Record of Crimes and The Gallows, the Prison, and the Poor House), all of which participated in the debate over capital punishment. Barton focuses on several canonical figures--James Fenimore Cooper, Nathaniel Hawthorne, Lydia Maria Child, Walt Whitman, Herman Melville, and Theodore Dreiser--and offers new readings of their work in light of the death penalty controversy. Barton also gives close attention to a host of then-popular-but-now-forgotten writers--particularly John Neal, Slidell MacKenzie, William Gilmore Simms, Sylvester Judd, and George Lippard--whose work helped shape or was in turn shaped by the influential anti-gallows movement. As illustrated in the book's epigraph by Samuel Johnson -- "Depend upon it Sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully" -- Barton argues that the high stakes of capital punishment dramatize the confrontation between the citizen-subject and sovereign authority. In bringing together the social and the aesthetic, Barton traces the emergence of the modern State's administration of lawful death. The book is intended primarily for literary scholars, but cultural and legal historians will also find value in it, as will anyone interested in the intersections among law, culture, and the humanities"--
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 9780804752343
Category : Social Science
Languages : en
Pages : 364
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Book Description
How does the way we think and feel about the world around us affect the existence and administration of the death penalty? What role does capital punishment play in defining our political and cultural identity? In this volume the authors argue that in order to understand the death penalty we need to know more about the “cultural lives”—past and present—of the state’s ultimate sanction.
Author: David Garland
Publisher: Harvard University Press
ISBN: 0674058488
Category : History
Languages : en
Pages : 428
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Book Description
The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.
Author: Austin Sarat
Publisher: Princeton University Press
ISBN: 0691188661
Category : Law
Languages : en
Pages : 351
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Book Description
Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.
