A. J. Richards

Killing as punishment in the USA, whether ordained by lynch mob or by the courts, reflects a paradox of the American nation: liberal, pluralistic, yet prone to lethal violence. This book examines the encounter between the legal history of the death penalty in America and its cinematic representations, through a comprehensive narrative and historical view of films dealing with this genre, from the silent era to the present. It addresses central issues including racial prejudice and attitudes towards the execution of women, and discusses how cinema has chosen to deal with them. It explores how such films as Michael Curtiz's 20,000 Years in Sing Sing and Fritz Lang's The Fury, Errol Morris's documentary The Thin Blue Line, John Singleton's Rosewood and Frank Darabont's death-row movie The Green Mile, have helped to shape real historical developments and public perceptions by bringing into sharper relief the legal, social and cultural tensions associated with capital punishment. In the process, Yvonne Kozlovksy-Golan provides the reader with a superb understanding of the complexities of the death penalty through US history.

When news breaks that a convicted murderer, released from prison, has killed again, or that an innocent person has escaped the death chamber in light of new DNA evidence, arguments about capital punishment inevitably heat up. Few controversies continue to stir as much emotion as this one, and public confusion is often the result. This volume brings together seven experts--judges, lawyers, prosecutors, and philosophers--to debate the death penalty in a spirit of open inquiry and civil discussion. Here, as the contributors present their reasons for or against capital punishment, the multiple facets of the issue are revealed in clear and thought-provoking detail. Is the death penalty a viable deterrent to future crimes? Does the imposition of lesser penalties, such as life imprisonment, truly serve justice in cases of the worst offences? Does the legal system discriminate against poor or minority defendants? Is the possibility of executing innocent persons sufficient grounds for abolition? In confronting such questions and making their arguments, the contributors marshal an impressive array of evidence, both statistical and from their own experiences working on death penalty cases. The book also includes the text of Governor George Ryan's March 2002 speech in which he explained why he had commuted the sentences of all prisoners on Illinois's death row. By representing the viewpoints of experts who face the vexing questions about capital punishment on a daily basis, Debating the Death Penalty makes a vital contribution to a more nuanced understanding of the moral and legal problems underlying this controversy.

In 2000, Governor George Ryan of Illinois, a Republican and a supporter of the death penalty, declared a moratorium on executions in his state. In 2003 he commuted the death sentences of all Illinois prisoners on death row. Ryan contended that the application of the death penalty in Illinois had been arbitrary and unfair, and he ignited a new round of debate over the appropriateness of execution. Nationwide surveys indicate that the number of Americans who favor the death penalty is declining. As the struggle over capital punishment rages on, twelve states and the District of Columbia have taken bold measures to eliminate the practice. This landmark study is the first to examine the history and motivations of those jurisdictions that abolished capital punishment and have resisted the move to reinstate death penalty statutes.

The death penalty has largely disappeared as a national legislative issue and the Supreme Court has mainly bowed out, leaving the states at the cutting edge of abolition politics. This essential guide presents and explains the changing political and cultural challenges to capital punishment at the state level. As with their previous volume, America Without the Death Penalty (Northeastern, 2002), the authors of this completely new volume concentrate on the local and regional relationships between death penalty abolition and numerous empirical factors, such as economic conditions; public sentiment; the roles of social, political, and economic elites; the mass media; and population diversity. They highlight the recent abolition of the practice in New York, New Jersey, New Mexico, and Illinois; the near misses in New Hampshire, Connecticut, Maryland, and Nebraska; the Kansas rollercoaster rides; and the surprising recent decline of the death penalty even in the deep South. Abolition of the death penalty in the United States is a piecemeal process, with one state after another peeling off from the pack until none is left and the tragic institution finally is no more. This book tells you how, and why, that will likely happen.

Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. America’s Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America. Contributors: David Garland, Douglas Hay, Randall McGowen, Michael Meranze, Rebecca McLennan, and Jonathan Simon.

While secular support for capital punishment in America seems to be waning, religious conservatives, particularly in the "Bible belt," remain staunch advocates of the death penalty, citing biblical law and practice to defend government-sanctioned killing. Dale S. Recinella compares biblical teaching about the death penalty, including such passages as "eye for eye, tooth for tooth, life for life," with the nation's current system of capital punishment, and offers persuasive arguments for a faith-based moratorium on -- and eventual abolition of -- executions. Framing his careful and incisive analysis as a legal brief to those who believe the Bible mandates the ultimate punishment, the author addresses two critical areas of inquiry: what do the scriptures tell us about who is deserving of death and who has the authority to kill, and what do they tell us about the required standards for execution and the plight of victims' families. Recinella's examination of the Hebrew Torah, or Christian Pentateuch, and the Talmud reveals that the biblical death penalty was not a simple system of swift retribution, but a complex and practical set of laws that guided capital courts established under the Sanhedrin. His scrutiny of these texts, the Christian doctrine of atonement, and Romans 13 in the Pauline Epistles, draws parallels between the traditional biblical arguments used in favor of capital punishment and those used as the basis for pro-slavery positions in the nineteenth century. Demonstrating that both approaches are unsubstantiated in biblical terms, Recinella debunks the accepted religious reasoning for support of the death penalty and shows instead that the Bible's strict conditions for sanctioning execution are at odds with the arbitrary ways in which capital punishment is administered in the United States. He provides convincing evidence that a sentence of death in today's criminal justice system in fact fails to meet both the Bible's exacting procedural requirements and its strict limitations on judicial authority. By providing actual scriptural language and foundation to counter the position that biblical truth justifies a pro-death penalty stance, this thoughtful, solidly researched, and well-reasoned work will give pause to religious fundamentalists and challenge them to rethink their strongly held views on capital punishment.

This revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.

New York Times Book Review Editor's Choice Drawing on never-before-published original source detail, the epic story of two of the most consequential, and largely forgotten, moments in Supreme Court history. For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia’s death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America. Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction. A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.