Capital Punishment: New Perspectives

Author: Peter Hodgkinson

Publisher: Routledge

ISBN: 1317169905

Category: Social Science

Page: 408

View: 7068

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This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ’saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.

DeathQuest

An Introduction to the Theory and Practice of Capital Punishment in the United States

Author: Robert M. Bohm

Publisher: Routledge

ISBN: 1437734995

Category: Law

Page: 446

View: 8809

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This fourth edition of the first true textbook on the death penalty engages the reader with a full account of the arguments and issues surrounding capital punishment. The book begins with the history of the death penalty from colonial to modern times, and then examines the moral and legal arguments for and against capital punishment. It also provides an overview of major Supreme Court decisions and describes the legal process behind the death penalty. In addressing these issues, the author reviews recent developments in death penalty law and procedure, including ramifications of newer case law, such as that regarding using lethal injection as a method of execution. The author’s motivation has been to understand what motivates the "deathquest" of the American people, leading a large percentage of the public to support the death penalty. The book will educate readers so that whatever their death penalty opinions are, they are informed ones. Comprehensive, unbiased review of developments in death penalty law and procedure, including new case law on death-eligible crimes and execution by lethal injection Current data on costs, miscarriages of justice, discriminatory application, religion, and death penalty public opinion Analysis of new research regarding the effectiveness of the death penalty in terms of deterrence, retribution, and incapacitation

The Next Frontier

National Development, Political Change, and the Death Penalty in Asia

Author: David T Johnson,Franklin E Zimring

Publisher: Oxford University Press

ISBN: 0199714029

Category: Political Science

Page: 544

View: 1685

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Today, two-thirds of the world's nations have abolished the death penalty, either officially or in practice, due mainly to the campaign to end state executions led by Western European nations. Will this success spread to Asia, where over 95 percent of executions now occur? Do Asian values and traditions support capital punishment, or will development and democratization end executions in the world's most rapidly developing region? David T. Johnson, an expert on law and society in Asia, and Franklin E. Zimring, a senior authority on capital punishment, combine detailed case studies of the death penalty in Asian nations with cross-national comparisons to identify the critical factors for the future of Asian death penalty policy. The clear trend is away from reliance on state execution and many nations with death penalties in their criminal codes rarely use it. Only the hard-line authoritarian regimes of China, Vietnam, Singapore, and North Korea execute with any frequency, and when authoritarian states experience democratic reforms, the rate of executions drops sharply, as in Taiwan and South Korea. Debunking the myth of "Asian values," Johnson and Zimring demonstrate that politics, rather than culture or tradition, is the major obstacle to the end of executions. Carefully researched and full of valuable lessons, The Next Frontier is the authoritative resource on the death penalty in Asia for scholars, policymakers, and advocates around the world.

Slavery and the Death Penalty

A Study in Abolition

Author: Bharat Malkani

Publisher: Routledge

ISBN: 1317054423

Category: Law

Page: 232

View: 5608

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It has long been acknowledged that the death penalty in the United States of America has been shaped by the country’s history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices’ respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists.

The Death Penalty in China

Policy, Practice, and Reform

Author: Bin Liang,Hong Lu

Publisher: Columbia University Press

ISBN: 0231540817

Category: Law

Page: 384

View: 8327

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Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China's death penalty from the Mao era (1949–1979) through the Deng era (1980–1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China's death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

The Death Penalty

A Worldwide Perspective

Author: Roger G. Hood

Publisher: Oxford University Press

ISBN: 9780199251292

Category: Law

Page: 316

View: 6755

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Despite growing pressure for the death penalty's abolition, the year 2000 saw over 1000 people executed in China, some 123 in Saudi Arabia, 75 in Iran, and 85 in the United States of America (figures: Amnesty International). In this new edition of his classic study Roger Hood, theacknowledged world authority on death penalty legislation, assesses the global status of capital punishment at the start of the new millennium.As in previous editions, the author has drawn on his experiences as consultant to the United Nations for the Secretary General's five-yearly surveys of capital punishment as well as the latest literature from non-governmental organizations and academic experts. He shows that, despite a number ofset-backs, the movement to abolish the death penalty has continued to gather pace; that international organizations and human rights treaties have increased the pressure on retentionist countries; that further developments have been made in securing protection for those facing the death penalty inretentionist counties; and that, despite such advances, in some parts of the world the range of crimes subject to the death penalty remains wide and the number of executions considerable. As before, Professor Hood engages in the latest debates on the realities of capital punishment, on claims thatthe death penalty is a unique deterrent to murder and other serious crime, and on the role of public opinion in the debate on capital punishment.

When the State Kills

Capital Punishment and the American Condition

Author: Austin Sarat

Publisher: Princeton University Press

ISBN: 0691188661

Category: Law

Page: N.A

View: 5158

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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.

Rituals of Retribution

Capital Punishment in Germany, 1600-1987

Author: Richard J. Evans

Publisher: Oxford University Press on Demand

ISBN: N.A

Category: History

Page: 1014

View: 2259

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The book begins with an account of the system of 'traditional' capital punishments set out in German law, and the ritual practices and cultural readings associated with them in the early modern period. It examines how this system broke down under the impact of secularization and social change in the first half of the nineteenth century. The abolition of the death penalty became a classic liberal cause which triumphed, briefly, in 1848. Its definitive reinstatement by Bismarck in the 1880s coincided with the emergence of new, Social Darwinist attitudes towards criminality whose eventual triumph laid the foundations for the massive expansion of capital punishment which took place during Hitler's 'Third Reich'. After 1945, the death penalty was abolished in the West but continued to be used in East Germany until its abandonment in the 1980s. This compelling study brings a mass of new evidence to bear on the history of German attitudes to law and order, deviance, cruelty, suffering, and death. It tells the stories of the men and women who went to the block, the politicians, philosophers, and officials who debated whether they should be sent there, and the executioners whose job it was to kill them. The book's findings are used to test the argument of Norbert Elias that there was a deficit of the 'civilizing process' in Germany, to examine Michael Foucault's theory of the formation of a 'carceral society' in the modern period, and to cast new light on the social history of death, as pioneered by Phillipe Aries.

The Politics of the Death Penalty in Countries in Transition

Author: Madoka Futamura,Nadia Bernaz

Publisher: Routledge

ISBN: 1134066783

Category: Law

Page: 248

View: 6643

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The increase in the number of countries that have abolished the death penalty since the end of the Second World War shows a steady trend towards worldwide abolition of capital punishment. This book focuses on the political and legal issues raised by the death penalty in "countries in transition", understood as countries that have transitioned or are transitioning from conflict to peace, or from authoritarianism to democracy. In such countries, the politics that surround retaining or abolishing the death penalty are embedded in complex state-building processes. In this context, Madoka Futamura and Nadia Bernaz bring together the work of leading researchers of international law, human rights, transitional justice, and international politics in order to explore the social, political and legal factors that shape decisions on the death penalty, whether this leads to its abolition, reinstatement or perpetuation. Covering a diverse range of transitional processes in Asia, Africa, Latin America, Europe, and the Middle East, The Politics of the Death Penalty in Countries in Transition offers a broad evaluation of countries whose death penalty policies have rarely been studied. The book would be useful to human rights researchers and international lawyers, in demonstrating how transition and transformation, ‘provide the catalyst for several of interrelated developments of which one is the reduction and elimination of capital punishment’.

The Death Penalty in America

Current Controversies

Author: Hugo Adam Bedau

Publisher: Oxford University Press

ISBN: 9780195122862

Category: Law

Page: 524

View: 9709

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Collected essays analyze and evaluate the practice of capital punishment, and present arguments for and against it

Punishment in Popular Culture

Author: Austin Sarat

Publisher: NYU Press

ISBN: 1479864218

Category: Law

Page: 320

View: 8312

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The way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America’s distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both “high” and “popular” culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives. Americans continue to lock up more people for longer periods of time than most other nations, to use the death penalty, and to racialize punishment in remarkable ways. How are these facts of American penal life reflected in the portraits of punishment that Americans regularly encounter on television and in film? What are the conventions of genre which help to familiarize those portraits and connect them to broader political and cultural themes? Do television and film help to undermine punishment's moral claims? And how are developments in the boarder political economy reflected in the ways punishment appears in mass culture? Finally, how are images of punishment received by their audiences? It is to these questions that Punishment in Popular Culture is addressed.

Crime and Punishment in America

Author: Elliott Currie

Publisher: Macmillan

ISBN: 1250024218

Category: Political Science

Page: 288

View: 6737

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An acclaimed criminologist examines America's ongoing war against violent crime, arguing that ever-increasing rates of imprisonment have not reduced--and will not reduce--crime rates and offering a range of tested alternatives based on deterrence. Tour.

Crime and Punishment in Russia

A Comparative History from Peter the Great to Vladimir Putin

Author: Jonathan Daly

Publisher: Bloomsbury Publishing

ISBN: 1474224385

Category: History

Page: 256

View: 4201

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Crime and Punishment in Russia surveys the evolution of criminal justice in Russia during a span of more than 300 years, from the early modern era to the present day. Maps, organizational charts, a list of important dates, and a glossary help the reader to navigate key institutional, legal, political, and cultural developments in this evolution. The book approaches Russia both on its own terms and in light of changes in Europe and the wider West, to which Russia's rulers and educated elites continuously looked for legal models and inspiration. It examines the weak advancement of the rule of the law over the period and analyzes the contrasts and seeming contradictions of a society in which capital punishment was sharply restricted in the mid-1700s, while penal and administrative exile remained heavily applied until 1917 and even beyond. Daly also provides concise political, social, and economic contextual detail, showing how the story of crime and punishment fits into the broader narrative of modern Russian history. This is an important and useful book for all students of modern Russian history as well as of the history of crime and punishment in modern Europe.

The Death Penalty

A Worldwide Perspective

Author: Roger Hood,Carolyn Hoyle

Publisher: Oxford University Press, USA

ISBN: 019870173X

Category: Political Science

Page: 597

View: 7179

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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.

Crime Victims

An Introduction to Victimology

Author: Andrew Karmen

Publisher: N.A

ISBN: N.A

Category: Réparation (Droit)

Page: 374

View: 3559

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Deterrence and the Death Penalty

Author: Committee on Deterrence and the Death Penalty,Committee on Law and Justice,Division of Behavioral and Social Sciences and Education,National Research Council

Publisher: National Academies Press

ISBN: 0309254175

Category: Law

Page: 121

View: 1286

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Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.

Routledge International Handbook of Visual Criminology

Author: Michelle Brown,Eamonn Carrabine

Publisher: Routledge

ISBN: 1317497538

Category: Social Science

Page: 578

View: 5444

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Dynamically written and richly illustrated, the Routledge International Handbook of Visual Criminology offers the first foundational primer on visual criminology. Spanning a variety of media and visual modes, this volume assembles established researchers whose work is essential to understanding the role of the visual in criminology and emergent thinkers whose work is taking visual criminology in new directions. This book is divided into five parts that each highlight a key aspect of visual criminology, exploring the diversity of methods, techniques and theoretical approaches currently shaping the field: • Part I introduces formative positions in the developments of visual criminology and explores the different disciplines that have contributed to analysing images. • Part II explores visual representations of crime across film, graphic art, documentary, police photography, press coverage and graffiti and urban aesthetics. • Part III discusses the relationship of visual criminology to criminal justice institutions like policing, punishment and law. • Part IV focuses on the distinctive ethical problems posed by the image, reflecting on the historical development, theoretical disputes and methodological issues involved. • Part V identifies new frameworks and emergent perspectives and reflects upon the distinctive challenges and limits that can be seen in this emerging field. This book includes a vibrant colour plate section and over a hundred black and white images, breaking down the barriers between original photography and artwork, historic paintings and illustrations and modern comics and films. This interdisciplinary book will be of interest to criminologists, sociologists, visual ethnographers, art historians and those engaged with media studies.

New Perspectives on Desistance

Theoretical and Empirical Developments

Author: Emily Luise Hart,Esther F.J.C. van Ginneken

Publisher: Springer

ISBN: 1349951854

Category: Social Science

Page: 301

View: 6578

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This book brings together a collection of emergent research that moves the debate on desistance beyond a general consideration of individual and social structural influences. The authors examine empirical developments which have implications for policy surrounding resettlement and re-offending, but also for punishment practices. Presenting thought-provoking theoretical advances and critiques, the editors challenge and enrich traditional understandings of desistance. A wide range of chapters explore how some criminal justice interventions hinder the desistance process, but also how alternative approaches may be more helpful in promoting and supporting desistance. Thorough and diverse, this book will be of great to scholars of criminology and criminal justice, social policy, sociology and psychology, and of special interest to researchers and practitioners working with (ex-)offenders.

New Directions in Criminological Theory

Author: Freda Adler,William S. Laufer

Publisher: Transaction Publishers

ISBN: 9781412829588

Category: Social Science

Page: 406

View: 1191

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1. The future of labeling theory: foundations and promises -- 2. A proposed resolution of key issues in the political sociology of law -- 3. Contrasting crime general and crime specific theory: The case of hot spots of crime -- 4. Strategy, structure, and corporate crime: the historical context of anticompetitive behavior -- 5. Employee theft: an examination of Gerald Mars and explaination based on equity theory -- 6. Alcohol and theories of homicide -- 7. The empirical status and Hirschi's Control Theory -- 8. The ocial control of spouse assault -- 9. Theoretical formalization, a necessity: The example of Hirchi's Bonding theory -- 10. Control theory and punishment: an analysis of control theory as a penal philosophy -- 11. Power-control verses social-control theories of common delinquency: a comparitive analysis -- Comments: The power of control insociologica theories of delinquency.