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Preface x
Foreword Stephen B. Bright xiii
Part I The Enduring Legacy of Capital Punishment in the United States
Introduction 2
Chapter 1 Capital Punishment in the Early Period: 1608-1929 5
Capital Crimes and Capital Statutes in the Early Period 5
Characteristics of Executions in the Early Period 8
Changes in the Practice of the Death Penalty in the Early Period 9
Methods of Execution in the Early Period 12
Location of the Death Penalty in the Early Period 20
Chapter Summary 22
Discussion Questions 23
Student Resources 24
Endnotes 24
Chapter 2 Capital Punishment in the Premodern Period: 1930-1967 27
Capital Crimes and Capital Statutes in the Premodern Period 27
Characteristics of Executions in the Premodern Period 29
Methods of Execution in the Premodern Period 31
Location of the Death Penalty in the Premodern Period 35
Chapter Summary 37
Discussion Questions 38
Student Resources 39
Endnotes 39
Chapter 3 Capital Punishment in the Modern Period: 1976-Present 40
Capital Crimes and Capital Statutes in the Modern Period 41
Characteristics of Executions in the Modern Period 45
Methods of Execution in the Modern Period 53
Location of the Death Penalty in the Modern Period 59
Changes in the Practice of the Death Penalty in the Modern Period 64
The Federal and Military Death Penalty 67
Chapter Summary 69
Discussion Questions 71
Student Resources 71
Endnote 72
Part II Legal History, Constitutional Requirements, and Common Justifications for Capital Punishment in the United States
Introduction 74
Chapter 4 A Brief Legal History of Capital Punishment in the United States 76
Early Constitutional Challenges to theMethod of Imposing Death 76
Constitutional Theories About What the Eighth Amendment Prohibits 79
A Definition of 'Cruel and Unusual' 80
The Death Penalty's Decline in Popularity and Challenges to Its Constitutionality-The Prelude to McGautha v. California 82
The Death Penalty Is Not Procedurally Flawed-The Case of McGautha v. California 85
The Death Penalty as Currently Administered Is So Procedurally Flawed That It Constitutes 'Cruel and Unusual Punishment'-The Case of Furman v. Georgia 89
Chapter Summary 95
Discussion Questions 95
Student Resources 96
Endnotes 96
Chapter 5 Constitutional Requirements for Capital Punishment in the United States 98
The Response to Furman: Mandatory and Guided Discretion Capital Statutes 99
The Execution of Special Groups-The Retarded, the Young, and the Mentally Ill 108
The Death Penalty for the Mentally Retarded 109
The Death Penalty for Juveniles 112
The Death Penalty for the Mentally Ill 115
Chapter Summary 117
Discussion Questions 118
Student Resources 119
Endnotes 119
Chapter 6 Common Justifications for the Death Penalty 121
Retribution: The Moral Argument for the Death Penalty 121
Kantian Retribution 122
Berns' Argument 125
Van den Haag's Argument 126
Other Retributivist Views 127
Some Examples 130
Cost: The Financial Argument for the Death Penalty 131
Incapacitation: One of the Public Safety Arguments for the Death Penalty 133
General Deterrence: The Other Public Safety Argument for the Death Penalty 138
Sellin's Research 138
Ehrlich's Strategy 140
Other Researchers 142
Religious Positions For and Against the Death Penalty 148
Chapter Summary 153
Discussion Questions 153
Student Resources 154
Endnotes 155
Part III The Administration of the Death Penalty: Issues of Race and Human Fallability
Introduction 158
Chapter 7 Race, the Law, and Punishment 160
The Peculiar Institution 160
The Slave Codes 162
Criminal Codes 164
Race and Legal Institutions After the Civil War 166
The Black Codes 167
Radical Reconstruction 169
Jim Crow Laws 172
Disenfranchisement 173
Violence Against Blacks 175
Chapter Summary 181
Discussion Questions 182
Student Resources 182
Endnotes 183
Chapter 8 Race and Capital Punishment 184
Race and Capital Punishment: 1930-1967 184
The Indictment and Charging Decision 187
The Conviction and Sentencing Decision 189
The Commutation Decision 193
Evidence of Racially Disparate Treatment in the Courts 196
Race and Capital Punishment, 1976 to the Present 199
The Indictment and Charging Decision 199
The Conviction and Sentencing Decision 204
Post-Furman Evidence of Racial Discrimination in Capital Sentencing Before the Courts-McCleskey v. Kemp 209
Chapter Summary 212
Discussion Questions 212
Student Resources 213
Endnotes 214
Chapter 9 Problems in Administering the Death Penalty 215
The Possibly Innocent 216
The Carlos DeLuna Case 218
The Joseph O'Dell Case 220
The Gary Graham Case 221
The Exonerated 224
Gary Gauger 224
Anthony Porter 225
Frank Lee Smith 226
Kirk Bloodsworth 227
Rolando Cruz 228
Ryan Matthews 230
A 'Broken System' 230
Ineffective or Incompetent Defense Counsel 231
Prosecutor and Law Enforcement Misconduct 239
Jail House Snitches and 'Junk Science' 244
Chapter Summary 252
Discussion Questions 252
Student Resources 253
Endnotes 254
Part IV What's to Come of the Death Penalty
Introduction 258
Chapter 10 Capital Punishment in America's Future 259
Public Support for the Death Penalty in the United States 259
The Death Penalty in Other Countries 266
Predictions About the Future of the Death Penalty in America 272
What About Life Without the Possibility of Parole? 277
Chapter Summary 278
Discussion Questions 279
Student Resources 279
Endnotes 280
About the Authors 281
References 282
Case Index 296
Name Index 297
Subject Index 301
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Add The Death Penalty: America's Experience with Capital Punishment, This book addresses one of the most controversial issues in the criminal justice system today--the death penalty. Paternoster et al. present a balanced perspective that focuses on both the arguments for and against capital punishment. Coverage draws , The Death Penalty: America's Experience with Capital Punishment to the inventory that you are selling on WonderClubX
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Add The Death Penalty: America's Experience with Capital Punishment, This book addresses one of the most controversial issues in the criminal justice system today--the death penalty. Paternoster et al. present a balanced perspective that focuses on both the arguments for and against capital punishment. Coverage draws , The Death Penalty: America's Experience with Capital Punishment to your collection on WonderClub |