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The Solemn Sentence Of Death

Author: Lawrence B. Goodheart
Publisher: Univ of Massachusetts Press
ISBN: 1558498478
Size: 64.23 MB
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The first case study of its kind, this book addresses a broad range of questions about the rationale for and application of judicial execution in Connecticut since the seventeenth century. In addition to identifying the 158 people who have been put to death for crimes during the state's history, Lawrence Goodheart analyzes their social status in terms of sex, race, class, religion, and ethnicity. He looks at the circumstances of the crimes, the weapons that were used, and the victims. He reconstructs the history of Connecticut's capital laws, its changing rituals of execution, and the growing debate over the legitimacy of the death penalty itself. Although the focus is on the criminal justice system, the ethical values of New England culture form the larger context. Goodheart shows how a steady diminution in types of capital crimes, including witchcraft and sexual crimes, culminated in an emphasis on proportionate punishment during the Enlightenment and eventually led to a preference for imprisonment for all capital crimes except first-degree murder. Goodheart concludes by considering why Connecticut, despite its many statutory restrictions on capital punishment and lengthy appeals process, has been the only state in New England to have executed anyone since 1960.

The Death Of The American Death Penalty

Author: Larry Wayne Koch
Publisher: UPNE
ISBN: 1555537812
Size: 40.44 MB
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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.

Legal Violence And The Limits Of The Law

Author: Amy Swiffen
Publisher: Routledge
ISBN: 1317602102
Size: 17.51 MB
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What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.

Self Evident Truths

Author: Richard D. Brown
Publisher: Yale University Press
ISBN: 030019711X
Size: 10.18 MB
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From a distinguished historian, a detailed and compelling examination of how the early Republic struggled with the idea that "all men are created equal" How did Americans in the generations following the Declaration of Independence translate its lofty ideals into practice? In this broadly synthetic work, distinguished historian Richard Brown shows that despite its founding statement that "all men are created equal," the early Republic struggled with every form of social inequality. While people paid homage to the ideal of equal rights, this ideal came up against entrenched social and political practices and beliefs. Brown illustrates how the ideal was tested in struggles over race and ethnicity, religious freedom, gender and social class, voting rights and citizenship. He shows how high principles fared in criminal trials and divorce cases when minorities, women, and people from different social classes faced judgment. This book offers a much-needed exploration of the ways revolutionary political ideas penetrated popular thinking and everyday practice.

Mad Yankees

Author: Lawrence B. Goodheart
Publisher: Univ of Massachusetts Press
ISBN: 9781558494053
Size: 70.35 MB
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Throughout the Western world, the emergence of insane asylums during the nineteenth century marked a significant change in the public perception as well as the medical treatment of mental illness. Mad Yankees tells the story of one of the earliest such institutions in the United States, the Hartford Retreat for the Insane. Opened in 1824, it was the first hospital of any kind in Connecticut and the only private mental asylum in the nation founded by a state medical society. Although conceived as an elite institution, for many years the Hartford Retreat cared for the indigent insane and paying clients alike. A number of remarkable physicians associated with the Retreat shaped early psychiatry in Connecticut and placed the state in the vanguard of treatment for the mentally ill. Dr. Eli Todd's ethic of a "law of kindness" toward the afflicted and claims of extraordinary cure rates gained the hospital an international reputation. A coterie of doctors associated with Todd--including Mason Cogswell, Samuel B. Woodward, Amariah Brigham, and John Butler--became prominent advocates of "moral" treatment that led to caring for the insane with respect and dignity. Yet as Lawrence B. Goodheart explains, care of the mentally ill in nineteenth-century Connecticut was not without its ironies. The faith of the Retreat's founding generation in the restorative ability of the asylum gradually waned, as the burden of providing extended custodial care to the chronically ill produced outcomes that were not originally anticipated. During the Gilded Age, the contrast between the state-funded Connecticut Hospital for the Insane, which opened in 1868 in Middletown, and the elegant Hartford Retreat made clear the class and associated moral differences between public and private care. Less was heard about "the law of kindness" and moral treatment of patients and more about moral unfitness and the benefits of eugenics. As the precepts of one era became problems for the next, the idealism of antebellum reformers shriveled into a fin-de-siècle fatalism.

End Of Its Rope

Author: Brandon L. Garrett
Publisher: Harvard University Press
ISBN: 0674970993
Size: 31.50 MB
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Today, death sentences in the U.S. are as rare as lightning strikes. Brandon Garrett shows us the reasons why, and explains what the failed death penalty experiment teaches about the effect of inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments throughout the criminal justice system.

Gruesome Spectacles

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804791724
Size: 49.63 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.

Is The Death Penalty Fair

Author: Mary E. Williams
Publisher: Greenhaven Pr
ISBN:
Size: 38.48 MB
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Presents varying opinions surrounding the controversial issue of the death penalty, including primary and secondary source documentation from eyewitnesses, government officials, and scientific journals.