When The State Kills

Author: Austin Sarat
Editor: Princeton University Press
ISBN: 0691188661
Size: 19,56 MB
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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.

When The State Kills

Author: Austin Sarat
Editor: Princeton University Press
ISBN: 9780691102610
Size: 19,82 MB
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Capital punishment is put on trial in this lucid, well-researched analysis of this contentious issue that takes readers on a tour of the entire process, from the capital trial to the death chamber.

When The State Kills

Author: Austin Sarat
Editor: Princeton Univ Department of Art &
ISBN: 9780691007267
Size: 14,93 MB
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Capital punishment is put on trial in this lucid, well-researched analysis of this contentious issue that takes readers on a tour of the entire process, from the capital trial to the death chamber.

Peculiar Institution

Author: David Garland
Editor: Harvard University Press
ISBN: 0674058488
Size: 13,22 MB
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Why does the United States, alone among Western democracies, still have the death penalty? It's not a new question, but David Garland provides fresh answers from a multilayered analysis...The title hints at the most provocative part of Garland's answer. In American history, the "peculiar institution" is slavery. Anyone who thinks its vestiges were wiped out by the Emancipation Proclamation or civil rights laws should read this book and think again.

Gruesome Spectacles

Author: Austin Sarat
Editor: Stanford University Press
ISBN: 0804791724
Size: 13,79 MB
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Gruesome Spectacles tells the sobering history of botched, mismanaged, and painful executions in the U.S. from 1890 to the present. Since the book's initial publication in 2014, the cruel and unusual executions of a number of people on death row, including Clayton Lockett in Oklahoma and Joseph Wood in Arizona, have made headlines and renewed vigorous debate surrounding the death penalty in America. Austin Sarat's book instantly became an essential resource for citizens, scholars, and lawmakers interested in capital punishment—even the Supreme Court, which cited the book in its recent opinion, Glossip v. Gross. Now in paperback, the book includes a new preface outlining the latest twists and turns in the death penalty debate, including the recent galvanization of citizens and leaders alike as recent botched executions have unfolded in the press. Sarat argues that unlike in the past, today's botched executions seem less like inexplicable mishaps and more like the latest symptoms of a death penalty machinery in disarray. Gruesome Spectacles traces the historical evolution of methods of execution, from hanging or firing squad to electrocution to gas and lethal injection. Even though each of these technologies was developed to "perfect" state killing by decreasing the chance of a cruel death, an estimated three percent of all American executions went awry in one way or another. Sarat recounts the gripping and truly gruesome stories of some of these deaths—stories obscured by history and to some extent, the popular press.

When The State No Longer Kills

Author: Sangmin Bae
Editor: SUNY Press
ISBN: 0791479471
Size: 16,87 MB
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Why some countries comply with international norms against the death penalty while others do not.

Racial Reconciliation And The Healing Of A Nation

Author: Charles J. Ogletree, Jr.
Editor: NYU Press
ISBN: 1479803707
Size: 17,95 MB
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The work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race – and especially the black/white divide – in American culture. They also suggest that the work of racial reconciliation remains incomplete. Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future. Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. Chapters connect identity politics, the rhetoric of race and difference, the work of institutions and actors in those institutions, and structural inequities in the lives of blacks and whites to our thinking about tolerance and respect. Going beyond an assessment of the capacity of law to facilitate racial reconciliation, Racial Reconciliation and the Healing of a Nation challenges readers to examine social, political, cultural, and psychological issues that fuel racial antagonism, as well as the factors that might facilitate racial reconciliation.

Speech And Silence In American Law

Author: Austin Sarat
Editor: Cambridge University Press
ISBN: 1139487736
Size: 11,91 MB
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Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are: who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.

Is The Death Penalty Dying

Author: Austin Sarat
Editor: Cambridge University Press
ISBN: 1139496522
Size: 17,50 MB
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Is the Death Penalty Dying? provides a careful analysis of the historical and political conditions that shaped death penalty practice on both sides of the Atlantic from the end of World War II to the twenty-first century. This book examines and assesses what the United States can learn from the European experience with capital punishment, especially the trajectory of abolition in different European nations. As a comparative sociology and history of the present, the book seeks to illuminate the way death penalty systems and their dissolution work, by means of eleven chapters written by an interdisciplinary group of authors from the United States and Europe. This work will help readers see how close the United States is to ending capital punishment and some of the cultural and institutional barriers that stand in the way of abolition.

The Death Penalty

Author: Stuart BANNER
Editor: Harvard University Press
ISBN: 9780674020511
Size: 10,48 MB
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The death penalty arouses our passions as does few other issues. Some view taking another person's life as just and reasonable punishment while others see it as an inhumane and barbaric act. But the intensity of feeling that capital punishment provokes often obscures its long and varied history in this country. Now, for the first time, we have a comprehensive history of the death penalty in the United States. Law professor Stuart Banner tells the story of how, over four centuries, dramatic changes have taken place in the ways capital punishment has been administered and experienced. In the seventeenth and eighteenth centuries, the penalty was standard for a laundry list of crimes--from adultery to murder, from arson to stealing horses. Hangings were public events, staged before audiences numbering in the thousands, attended by women and men, young and old, black and white alike. Early on, the gruesome spectacle had explicitly religious purposes--an event replete with sermons, confessions, and last minute penitence--to promote the salvation of both the condemned and the crowd. Through the nineteenth century, the execution became desacralized, increasingly secular and private, in response to changing mores. In the twentieth and twenty-first centuries, ironically, as it has become a quiet, sanitary, technological procedure, the death penalty is as divisive as ever. By recreating what it was like to be the condemned, the executioner, and the spectator, Banner moves beyond the debates, to give us an unprecedented understanding of capital punishment's many meanings. As nearly four thousand inmates are now on death row, and almost one hundred are currently being executed each year, the furious debate is unlikely to diminish. The Death Penalty is invaluable in understanding the American way of the ultimate punishment. Table of Contents: Abbreviations Introduction 1. Terror, Blood, and Repentance 2. Hanging Day 3. Degrees of Death 4. The Origins of Opposition 5. Northern Reform, Southern Retention 6. Into the Jail Yard 7. Technological Cures 8. Decline 9. To the Supreme Court 10. Resurrection Epilogue Appendix: Counting Executions Notes Acknowledgments Index Reviews of this book: [Banner] deftly balances history and politics, crafting a book that will be valuable to anyone interested in knowing more about capital punishment, no matter what his or her views are on the ethical issues surrounding the topic. --David Pitt, Booklist Reviews of this book: In this well-researched and clear account...Banner charts how and why this country went from having one of the world's mildest punitive systems to one of its harshest. --Publishers Weekly Reviews of this book: Stuart Banner's book is fine and balanced and important. His lucid history of this grim subject is scrupulously accurate...It is refreshingly free of the tendentiousness and the sensationalism that this subject invites. --Richard A. Posner, New Republic Reviews of this book: [The] contrast between the past and the present can now be seen with great clarity thanks to...Stuart Banner and his comprehensive book, The Death Penalty...American historians have been slow to undertake anything like a full-scale study of the subject...Banner's book does much to fill [the gaps]. His book is an important and comprehensive...treatment of the topic. --Hugo Adam Bedau, Boston Review Reviews of this book: Despite the gruesome nature of the book's topic, it is difficult to stop reading. Banner's research is fascinating, his writing style compelling. Given the emotional nature of the subject (few people known to me are wishy-washy about whether the death penalty is moral or immoral), Banner walks the line of neutrality skillfully, without seeming evasive. --Steve Weinberg, Legal Times Reviews of this book: Stuart Banner's The Death Penalty is a tour de force, remarkable for its neutrality as it traces the ways in which the death penalty has been applied, and for what kinds of crimes, from the Colonial era to the present. Banner...writes like a historian who believes perspective is best gained by dispassionately setting out what happened and letting everyone come to his or her own conclusions. I think, in this book, that works wonderfully. On a subject in which emotions run so high, it seems awfully useful to have a dispassionate voice. After all, if Banner allowed his own feelings on the death penalty--pro, con or somewhere in the middle--to be known, the book easily could be dismissed as a diatribe. He doesn't, and it can't. --Judith Neuman Beck, San Jose Mercury News Reviews of this book: Law professor Banner...offers a persuasive examination of the evolution of capital punishment from Colonial times onward. He makes clear that the death penalty has possessed generally consistent support from the US populace, although changes in the sensibilities of juries, executioners, legal theoreticians, and judges have occurred...Highly recommended. --R. C. Cottrell, Choice Reviews of this book: Stuart Banner aptly illustrates in The Death Penalty, like the nation, the death penalty has changed with the times...Banner's account spotlights a number of interesting trends in American history...Mostly evenhanded in the tour he provides through the history of the death penalty and its role in and reflection of American society, he has managed to provide an accessible look at what is a profoundly controversial and complicated subject. --Steven Martinovich, Ft. Lauderdale Sun-Sentinel Reviews of this book: "For centuries," Stuart Banner tells us, "Americans had been proud to possess a criminal-justice system that made less use of the death penalty than just about any other place on the globe, including the countries of western Europe." But no longer. Now we possess "one of the harshest criminal codes in the world." The Death Penalty helps explain that turnaround, but only in the course of a complicated story in which different factors emerge at different times to play often unforeseeable roles...[This is a] superbly told history. --Paul Rosenberg, Denver Post and Rocky Mountain News Reviews of this book: Stuart Banner's lucid, richly researched book brings us, for the first time, a comprehensive history of American capital punishment from colonial times to the present. He describes the practices that characterized the institution at different periods, elucidates their ritual purposes and social meanings, and identifies the forces that led to their transformation. The book's well-ordered narrative is interspersed with individual case histories, that give flesh and blood to the account. --David Garland, Times Literary Supplement Reviews of this book: [An] informative, even-handed, chillingly fascinating account of why and how the U.S. government and many state governments decided to sponsor executions of criminals--even though innocent defendants might die, too. --Jane Henderson, St. Louis Post-Dispatch Reviews of this book: Stuart Banner's The Death Penalty is a splendidly objective achievement. Delightfully written, free of academic pretense, liberally sprinkled with apt references from contemporary sources, the book exhaustively explores the multifaceted evolution of America's penal practices. --Elsbeth Bothe, Baltimore Sun The Death Penalty is certain to be the definitive account of the American experience with capital punishment, from its beginnings in the seventeenth century, to the execution of Timothy McVeigh in 2001. This is a first rate piece of scholarship: well written, deeply researched, fascinating to read, and full of insights and good common sense. It is, in my view, one of the finest books to deal with this troubled and troubling subject. Historical and legal scholarship owe a debt of gratitude to Stuart Banner. --Lawrence Friedman, Stanford Law School A masterful book. This is a long overdue account which fills a huge gap in our understanding of America's long and complex relationship to state killing. With meticulous scholarship and lucid prose, Banner has written a compelling account of the place of capital punishment in our society. It sets the standard for all future scholarship on the history of the death penalty in America. --Austin Sarat, author of When the State Kills: Capital Punishment and the American Condition The Death Penalty, a study we have badly needed, is the first history of the nation's engagement--as well as its disengagement--with capital punishment from the country's earliest days to the present. With a sure grasp of the constitutional issues, Stuart Banner greatly advances a conversation at last underway about the rightness of putting people to death for having inflicted a death. Banner's greatest and most useful feat is remaining dispassionate on a subject that he cares deeply about--as do a growing number of his fellow Americans. --William S. McFeely, author of Proximity to Death The Death Penalty beautifully explains the changing paths traveled by supporters and opponents of capital punishment over the years. It explores a subject of enormous symbolic importance to Americans today, linking our views about the death penalty to our larger concerns about crime. --David Oshinsky, author of "Worse Than Slavery": Parchman Farm and the Ordeal of Jim Crow Justice Banner's book is a superbly detailed and textured social history of a subject too often treated in legal abstractions. It demonstrates how capital punishment has gnawed at the conscience and imagination of Americans, and how it has challenged their efforts to define themselves culturally, politically, and racially. --Robert Weisberg, Stanford Law School