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A Life And Death Decision

Author: Scott E. Sundby
Publisher: St. Martin's Press
ISBN: 1466892269
Size: 15.43 MB
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With a life in the balance, a jury convicts a man of murder and now has to decide whether he should be put to death. Twelve people now face a momentous choice. Bringing drama to life, A Life and Death Decision gives unique insight into how a jury deliberates. We feel the passions, anger, and despair as the jurors grapple with legal, moral, and personal dilemmas. The jurors' voices are compelling. From the idealist to the "holdout," the individual stories—of how and why they voted for life or death—drive the narrative. The reader is right there siding with one or another juror in this riveting read. From movies to novels to television, juries fascinate. Focusing on a single case, Sundby sheds light on broader issues, including the roles of race, class, and gender in the justice system. With death penalty cases consistently in the news, this is an important window on how real jurors deliberate about a pressing national issue.

Confronting The Death Penalty

Author: Robin Conley
Publisher: Oxford University Press
ISBN: 0190263903
Size: 32.10 MB
Format: PDF, Kindle
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Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials. The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors' decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making - conveyed in the form of authoritative legal language - when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.

Is The Death Penalty Dying

Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1849505608
Size: 17.93 MB
Format: PDF
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Drawing together an array of distinguished scholars from political science, criminology, sociology, and law, this volume examines the death penalty in the US.

American Juries

Author: Neil Vidmar
Publisher:
ISBN:
Size: 60.84 MB
Format: PDF
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Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury’s verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It’s said that there are "judicial hellholes" where local juries provide "jackpot justice" in medical malpractice and product liability cases with corporate defendants. Are these claims valid? This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans—renowned scholars of the jury system—place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law? Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.

The Death Penalty Today

Author: Robert M. Bohm
Publisher: CRC Press
ISBN: 9781420070118
Size: 43.67 MB
Format: PDF, ePub, Docs
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More than 30 years after the US Supreme Court reinstated the death penalty, it is still plagued with egregious problems. Issues of wrongful conviction, inhumane practices, and its efficacy as a deterrent are hotly debated topics. As of August 2007, two-thirds of the world’s countries have abolished the death penalty. Today, the US falls alongside Iran, Iraq, Sudan, China, and Pakistan as countries that continue to believe the death penalty is a necessary and productive practice. Compiling articles and essays from leading experts, The Death Penalty Today presents an in-depth examination of the current points of debate. The first of two sections focuses on miscarriages of justice, including errors in conviction and possible remedies. It reviews 13 death penalty study commissions that reveal potential causes of wrongful conviction and discusses relevant factors such as geography, timeframe, and race. The first section also considers the responsibility of the state for reintegration of the wrongfully convicted after exoneration, as well as flaws with the ability of lethal injections to produce a “humane” and “painless” death. The second section addresses death penalty opinion with a survey of scholarly experts as well as a survey of mid-level police managers. It considers the criminalization of reporting, televising, and photographing executions and the implications to the first amendment and government accountability. It reveals the phenomenon of consensual executions as assisted suicide and the curious dichotomy in logic between the reviled practice of lynching and its close cousin—the government sanctioned execution. With lucid arguments supported by verifiable statistics and expert opinion, The Death Penalty Today provides a sober look at the death penalty in the US and begs the question of when, not if, the US will join the majority of the civilized world in its abolition.

Chasing Gideon

Author: Karen Houppert
Publisher: New Press, The
ISBN: 1595588922
Size: 53.20 MB
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On March 18, 1963, in one of its most significant legal decisions, the U.S. Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants facing significant jail time have the constitutional right to a free attorney if they cannot afford their own. Fifty years later, 80 percent of criminal defendants are served by public defenders. In a book that combines the sweep of history with the intimate details of individual lives and legal cases, veteran reporter Karen Houppert movingly chronicles the stories of people in all parts of the country who have relied on Gideon’s promise. There is the harrowing saga of a young man who is charged with involuntary vehicular homicide in Washington State, where overextended public defenders juggle impossible caseloads, forcing his defender to go to court to protect her own right to provide an adequate defense. In Florida, Houppert describes a public defender’s office, loaded with upward of seven hundred cases per attorney, and discovers the degree to which Clarence Earl Gideon’s promise is still unrealized. In New Orleans, she follows the case of a man imprisoned for twenty-seven years for a crime he didn’t commit, finding a public defense system already near collapse before Katrina and chronicling the harrowing months after the storm, during which overworked volunteers and students struggled to get the system working again. In Georgia, Houppert finds a mentally disabled man who is to be executed for murder, despite the best efforts of a dedicated but severely overworked and underfunded capital defender. Half a century after Anthony Lewis’s award-winning Gideon’s Trumpet brought us the story of the court case that changed the American justice system, Chasing Gideon is a crucial book that provides essential reckoning of our attempts to implement this fundamental constitutional right.

Dialogues On The Ethics Of Capital Punishment

Author: Dale Jacquette
Publisher: Rowman & Littlefield Pub Incorporated
ISBN: 9780742561434
Size: 33.20 MB
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"One in the series New Dialogues in Philosophy, edited by the author himself, Dale Jacquette presents a fictional dialogue over a three-day period on the ethical complexities of capital punishment Jacquette moves his readers from outlining basic issues in matters of life and death, to questions of justice and compassion, with a concluding dialogue on the conditional and unconditional right to life. Jacquette's characters talk plainly and thoughtfully about the death penalty, and readers are left to determine for themselves how best to think about the morality of putting people to death."--BOOK JACKET.

God In The Courtroom

Author: Brian Bornstein
Publisher: OUP USA
ISBN: 9780195328677
Size: 46.93 MB
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While the concept of "God in the courtroom" evokes a few grand images, there are numerous, often subtle, ways in which religion and law intersect. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision-making processes of various legal actors, and trial outcomes. Chapters address jury selection and bias, attorneys' use of religion in legal movements, judges' religious beliefs and its role in their appointment, and the treatment of religious figures or institutions as litigants in court. By drawing from various research sources, the authors effectively explore the range of ways in which religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.

Religion And State From Separation To Cooperation

Author: Barend Christoffel Labuschagne
Publisher: Franz Steiner Verlag Wiesbaden gmbh
ISBN:
Size: 55.46 MB
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Religion is increasingly a social and political factor in post-modern societies nowadays and the question of the role of religion in the public sphere is more and more brought to the fore: a challenge to legal philosophers. Should religion be only a private affair, or should the public dimension of religion be more acknowledged? Do we have to interpret the freedom of religion and the separation of church and state in a strict (laicist) sense, or do we have to allow for a more benevolent relation between religion and the state? This collection of essays explores these questions in various and new ways.