The Death Penalty: Americas Experience with Capital Punishment

Paperback | June 21, 2007

byRaymond Paternoster, Robert Brame, Sarah Bacon

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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 on legal, historical, philosophical,economic, sociological, and religious points of view. Topics include: * The history of the death penalty in the United States, from the 1600s to today * The changing nature of the death penalty--changes in the types of crimes that warranted the penalty, the procedures employed to put capital offenders on trial, and the methods used to impose death * Constitutional/legal issues surrounding the death penalty * The influence of race on the administration of the death penalty, both in the past and the present * Justifications for and against the death penalty (retribution, cost, public safety, and religious arguments) * Questions about the execution of innocents, exonerated capital offenders, and flaws in the operation of the death penalty * Public opinion and the death penalty * The death penalty and international law and practice * The future of the death penalty in America

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From the Publisher

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 on legal, historical, philosophical,economic, sociological, and religious points of vie...

Raymond Paternoster is Professor of Criminology and Criminal Justice and Director of the Office of Academic Computing Services at the University of Maryland. Robert Brame is Associate Professor in the Department of Criminology and Criminal Justice at the University of South Carolina. Sarah Bacon is Visiting Assistant Professor ...

other books by Raymond Paternoster

Format:PaperbackDimensions:362 pages, 5.91 × 8.9 × 0.71 inPublished:June 21, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195332423

ISBN - 13:9780195332421

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Table of Contents

Each chapter opens with an Introduction and ends with a Chapter Summary, Discussion Questions, and Further Reading.Part I: The Enduring Legacy of Capital Punishment in the United StatesChapter 1. Capital Punishment in the Early Period: 1608-1929Capital Crimes and Capital Statutes in the Early PeriodCharacteristics of Executions in the Early PeriodChanges in the Practice of the Death Penalty in the Early PeriodMethods of Execution in the Early PeriodLocation of the Death Penalty in the Early PeriodChapter 2. Capital Punishment in the Pre-Modern Period: 1930-1967Capital Crimes and Capital Statutes During the Premodern PeriodCharacteristics of Executions in the Premodern PeriodMethods of Execution During the Premodern PeriodLocation of the Death Penalty in the Premodern PeriodChapter 3. Capital Punishment in the Modern Period: 1977-PresentCapital Crimes and Capital Statutes During the Modern PeriodCharacteristics of Executions in the Modern PeriodMethods of Execution During the Modern PeriodLocation of the Death Penalty in the Modern PeriodChanges in the Practice of the Death Penalty in the Modern PeriodThe Federal and Military Death PenaltyPart II: Legal History, Constitutional Requirements, and Common Justifications for Capital Punishment in the United StatesChapter 4. A Brief Legal History of Capital Punishment in the United StatesEarly Constitutional Challenges to the Method of Imposing DeathConstitutional Theories About What the Eighth Amendment ProhibitsThe Death Penalty's Decline in Popularity and Challenges to Its ConstitutionalityThe Death Penalty is not Procedurally Flawed--The Case of McGautha v. CaliforniaThe Death Penalty as Currently Administered is so Procedurally Flawed That It Constitutes Cruel and Unusual Punishment--The Case of Furman v. GeorgiaChapter 5. Constitutional Requirements for Capital Punishment in the United StatesThe Response to Furman: Mandatory and Guided Discretion Capital StatutesThe Execution of Special Groups--The Young, The Retarded and the Mentally IllChapter 6. Common Justifications for the Death PenaltyRetribution: The Moral Argument for the Death PenaltyCost: The Financial Argument for the Death PenaltyIncapacitation: One of the Public Safety Arguments for the Death PenaltyGeneral Deterrence: The Other Public Safety Argument for the Death PenaltyReligious Positions for and Against the Death PenaltyPart III: The Administration of the Death Penalty: Issues of Race and Human FallabilityChapter 7. Race, the Law, and PunishmentThe Peculiar InstitutionRace and Legal Institutions After the Civil WarChapter 8. Race and Capital PunishmentRace and Capital Punishment: 1930-1967Evidence of Racially Disparate Treatment in the CourtsRace and Capital Punishment: 1997-PresentPost-Furman Evidence of Racial Discrimination in Capital Sentencing Before the Courts--McCleskey v. KempChapter 9. Problems in Administering the Death PenaltyThe Possibly InnocentThe ExoneratedA Broken SystemPart IV: What's to Come of the Death PenaltyChapter 10. Capital Punishment in America's FuturePublic Support for the Death Penalty in the United StatesThe Death Penalty in Other CountriesPredictions About the Future of the Death Penalty in AmericaWhat About Life Without the Possibility of Parole?

Editorial Reviews

"All salient issues and elements of the death penalty debate are thoroughly and carefully presented. The book is comprehensive, timely, engaging, accessible, accurate, and well written."--John Cochran, University of South Florida