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Author: Mary Welek Atwell
Publisher: Peter Lang
ISBN: 9780820467115
Category : Law
Languages : en
Pages : 192
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Book Description
The Supreme Court has looked to «evolving standards of decency» in determining whether the death penalty violates the Eighth Amendment to the Constitution, which prohibits cruel and unusual punishment. Evolving Standards of Decency examines the ways in which popular culture portrays the death penalty. By analyzing literature and film, Atwell argues that capital punishment becomes much more complex when both offenders and victims are presented as fully developed individuals. Numerous books and films from the last several decades expose flaws in the criminal justice system and provide audiences with stories that raise questions about race, class, and actual innocence in the administration of the ultimate punishment. Although most people will not read legal briefs supporting or challenging the death penalty, many will see films or read novels that raise issues about its fairness. Themes and images gathered through popular culture may ultimately influence whether Americans continue to believe that capital punishment conforms to their evolving standards of decency and justice. Those studying justice issues, corrections, or capital punishment will find this an accessible and provocative work that places the stories read in novels or seen in movies in the context of the legal system that has the power of life and death.
Author: Mary Welek Atwell
Publisher: Peter Lang
ISBN: 9780820467115
Category : Law
Languages : en
Pages : 192
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Book Description
The Supreme Court has looked to «evolving standards of decency» in determining whether the death penalty violates the Eighth Amendment to the Constitution, which prohibits cruel and unusual punishment. Evolving Standards of Decency examines the ways in which popular culture portrays the death penalty. By analyzing literature and film, Atwell argues that capital punishment becomes much more complex when both offenders and victims are presented as fully developed individuals. Numerous books and films from the last several decades expose flaws in the criminal justice system and provide audiences with stories that raise questions about race, class, and actual innocence in the administration of the ultimate punishment. Although most people will not read legal briefs supporting or challenging the death penalty, many will see films or read novels that raise issues about its fairness. Themes and images gathered through popular culture may ultimately influence whether Americans continue to believe that capital punishment conforms to their evolving standards of decency and justice. Those studying justice issues, corrections, or capital punishment will find this an accessible and provocative work that places the stories read in novels or seen in movies in the context of the legal system that has the power of life and death.
Author: Michael L. Perlin
Publisher: Rowman & Littlefield Publishers
ISBN: 1442200588
Category : Law
Languages : en
Pages : 295
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Book Description
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.
Author: Meghan J. Ryan
Publisher: Cambridge University Press
ISBN: 1108580289
Category : Law
Languages : en
Pages : 339
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Book Description
This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.
Author: Matthew C. Altman
Publisher: Springer Nature
ISBN: 303111874X
Category : Philosophy
Languages : en
Pages : 801
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Book Description
This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 802
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Book Description
Author: Ernest Van den Haag
Publisher: Springer Science & Business Media
ISBN: 1489927875
Category : Social Science
Languages : en
Pages : 314
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Book Description
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.
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: Scott Davidson
Publisher: Bloomsbury Publishing
ISBN: 1441156682
Category : Religion
Languages : en
Pages : 369
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Book Description
This multidisciplinary investigation facilitates a new conversation between Ricoeur scholars and those working in a variety of domains. While a number of books and anthologies on Ricoeur's thought have been published over the past decade, "Ricoeur Across the Disciplines" is unique in its multidisciplinary scope. The books currently on the market are typically one of either two kinds: either they provide a general overview of Ricoeur's thought or they focus on a narrow set of themes within a specific discipline (cf. list of competing titles). While other books may allude to the multidisciplinary potential for Ricoeur's thought, this book is the first to carry out a truly multidisciplinary investigation of Ricoeur's thought. The aim of this multidisciplinary investigation is not only to draw out the nuances of Ricoeur's thought but also to facilitate a new conversation between Ricoeur scholars and those working in a variety of domains.
Author: Monica K. Miller
Publisher: Springer
ISBN: 1493918990
Category : Psychology
Languages : en
Pages : 293
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Book Description
This volume is the most comprehensive reference book on community sentiment available. The classic book about community sentiment is Norm Finkel’s “Commonsense Justice: Jurors’ Notions of the Law” (1995). A similarly influential book called “Justice, Liability, and Blame” was published at the same time, examining lay sentiment about a variety of criminal issues and suggesting ways in which the substantive criminal law could be reformed in light of such lay responses (Robinson & Darley, 1995). Although these books were influential and important for their time (and since), this Handbook expands significantly on them, both by updating research since that time and broadens the scope of topic areas to ones that are not limited to trial and criminal justice issues. Each chapter is original/unpublished and focuses on an area related to children/families, many of which are “hot topic” areas in the news and courts today. For instance, the U.S. Supreme Court decided a case in June 2012 about the constitutionality of “life without parole” for juvenile offenders—a topic discussed in the Fass and Miora chapter. Thus, it is of interest to those interested in family law topics as well.
Author: Scott Vollum
Publisher: Routledge
ISBN: 1455776742
Category : Law
Languages : en
Pages : 392
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Book Description
The Death Penalty, Third Edition, brings together all the legal issues related to the death penalty and provides case briefs for the most important United States Supreme Court death penalty cases. No other book available brings together a discussion of the major constitutional issues surrounding the death penalty with a broad array of associated case briefs. The authors classify cases according to legal issues and provide a commentary on the various sub-topics, presenting legal materials in an easily understood form. Though the primary audiences of the book are undergraduates in criminal justice programs and practitioners in the corrections and justice systems, the book will also prove useful to anyone who has an interest in the death penalty, the criminal justice system, or the United States Constitution. Every chapter starts with commentaries regarding general case law in a sub-topic, such as aggravating and mitigating factors, followed by a chart of the cases briefed in the chapter, and then the case briefs. These case briefs acquaint the reader with Supreme Court cases by summarizing facts, issues, reasons, and holdings. The Death Penalty, Third Edition, is a succinct, trusted guide to the law of capital punishment in the United States. Offers a large number of case briefs from the most important and most recent Supreme Court decisions involving the death penalty to illustrate evolution of death penalty law and the Constitutional standing of capital punishment Reflects significant shifts in the social and political climate surrounding the death penalty in recent years Provides updated discussion of key death penalty trends and issues including those associated with number of executions, wrongful convictions/executions, public attitudes and support for the death penalty, and current controversies surrounding its use
