This book addresses the myriad controversies and examines the evidence regarding capital punishment in America. It answers questions regarding topics like the efficacy of capital punishment in deterring violent crime, the risks of mistakes, legal issues related to capital punishment, and the monetary costs of keeping inmates on death row. Does the possibility of being put to death deter crime? Do the methods of execution matter? Is it possible for a state-ordered execution to be botched? Are innocent people ever sent to death row? Are there racial biases or other prejudices associated with the death penalty? This book examines the history of capital punishment in the United States; describes the significant issues, events, and cases; and addresses the controversies and legal issues surrounding capital punishment, making this important topic accessible to a wide range of readers. The book presents both sides of the argument on whether capital punishment should continue or be abolished, looking at the evidence regarding whether it is necessary for carrying out justice and deterring violent crime or whether the practice is inhumane, ineffective, biased in its application, and costly. Readers will gain insights into how capital punishment should be used, if at all; whether effective safeguards are in place to ensure that only the guilty receive the death penalty; what crimes deserve this sentence; whether juveniles or individuals with diminished mental capacity should ever be sentenced to death; potentially viable alternatives to the death penalty; and the hidden costs involved in our capital punishment system that make it so expensive. The book also contains primary documents relevant to capital punishment, such as excerpts from documents like the U.S. Constitution, the Hittite case laws, and the Code of Hammurabi, as well as descriptions of and excerpts from key cases decided by the U.S. Supreme Court.
This balanced approach to legal precedent and moral argument regarding the death penalty presents the evidence so readers can reach their own informed conclusions. Capital Punishment examines the debate around the death penalty, raising questions and attempting to provide an even-handed examination of this controversial practice. The authors combine analysis of important issues with excerpts from landmark legal decisions, important documents, survey results, and empirical data. The first part of the book discusses the origins of the death penalty and traces its development from antiquity to contemporary times. Detailed statistical information about capital punishment is presented and discussed, and the death penalty is considered against a constitutional backdrop with various arguments—for and against—articulated. The second part of the book consists of three appendices. The first appendix presents an annotated list of important capital-punishment cases; the second supplies a more general chronological treatment of capital punishment; and the third provides a bibliographic essay directing readers to other relevant sources of interest. A thorough and insightful treatment, Capital Punishment provides both a summary of the current state of capital punishment and a discussion of areas of continuing controversy.
In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue. The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment." Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.
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