Author: Marc J. Tassé Ph.D.
Release Date: 2017-12-31
Providing key information for students or professionals in the fields of criminology, education, psychology, law, and law enforcement, this book documents the legal and clinical aspects of the issues related to intellectual disability and the death penalty. • Provides a comprehensive review of the legal and clinical aspects of the death penalty and intellectual disability • Offers a detailed discussion of the Supreme court decision in Atkins v. Virginia as well as a review of court decisions since that 2002 ruling • Details the diagnostic issues related to determination of intellectual disability, such as the assessment of intellectual functioning, adaptive behavior, and age of onset • Shares best practices in clinical assessment and important forensic matters that must be considered
Author: Michael L. Perlin
Publisher: Rowman & Littlefield
Release Date: 2013
Michael Perlin shows how the administration of the death penalty deprives persons with mental disabilities of their constitutional rights, and how trial courts and prosecutors consciously flaunt the law. Using real life examples, he brings this often overlooked situation to light and calls for immediate change.
Author: Marc J. Tassé,
Release Date: 2017
Providing key information for students or professionals in the fields of criminology, education, psychology, law, and law enforcement, this book documents the legal and clinical aspects of the issues related to intellectual disability and the death penalty. * Provides a comprehensive review of the legal and clinical aspects of the death penalty and intellectual disability * Offers a detailed discussion of the Supreme court decision in Atkins v. Virginia as well as a review of court decisions since that 2002 ruling * Details the diagnostic issues related to determination of intellectual disability, such as the assessment of intellectual functioning, adaptive behavior, and age of onset * Shares best practices in clinical assessment and important forensic matters that must be considered
Author: Raymond Bonner
Release Date: 2013
From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.
Author: Carol S. Steiker
Publisher: Harvard University Press
Release Date: 2016-11-07
Refusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.
Author: Allison C. Carey
Publisher: Temple University Press
Release Date: 2010-05-28
On the Margins of Citizenship provides a comprehensive, sociological history of the fight for civil rights for people with intellectual disabilities. Allison Carey, who has been active in disability advocacy and politics her entire life, draws upon a broad range of historical and legal documents as well as the literature of citizenship studies to develop a "relational-practice" approach to the issues of intellectual disability and civil rights. She examines how and why parents, self-advocates, and professionals fought for different visions of rights for this population throughout the twentieth century and the changes that took place over that time. Presenting the shifting constitutional and legal restrictions for this marginalized group, Carey argues that policies tend to sustain an ambiguity that simultaneously promises rights yet also allows their retraction.
It has long been acknowledged that the death penalty in the United States of America has been shaped by the country’s history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices’ respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists.
Author: James S. Liebman
Publisher: Columbia University Press
Release Date: 2014-07-08
In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLunaÕs conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLunaÕs defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a ÒphantomÓ of DeLunaÕs imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist. The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and HernandezÕs violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history. The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.
Author: Scott Turow
Publisher: Farrar, Straus and Giroux
Release Date: 2010-08-24
Genre: Social Science
America's leading writer about the law takes a close, incisive look at one of society's most vexing legal issues Scott Turow is known to millions as the author of peerless novels about the troubling regions of experience where law and reality intersect. In "real life," as a respected criminal lawyer, he has been involved with the death penalty for more than a decade, including successfully representing two different men convicted in death-penalty prosecutions. In this vivid account of how his views on the death penalty have evolved, Turow describes his own experiences with capital punishment from his days as an impassioned young prosecutor to his recent service on the Illinois commission which investigated the administration of the death penalty and influenced Governor George Ryan's unprecedented commutation of the sentences of 164 death row inmates on his last day in office. Along the way, he provides a brief history of America's ambivalent relationship with the ultimate punishment, analyzes the potent reasons for and against it, including the role of the victims' survivors, and tells the powerful stories behind the statistics, as he moves from the Governor's Mansion to Illinois' state-of-the art 'super-max' prison and the execution chamber. This gripping, clear-sighted, necessary examination of the principles, the personalities, and the politics of a fundamental dilemma of our democracy has all the drama and intellectual substance of Turow's celebrated fiction.
Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty comprehensively explores the Catholic stance against capital punishment in new and important ways. The broad perspective of this book has been shaped in conversation with the Catholic Mobilizing Network to End the Use of the Death Penalty, as well as through the witness of family members of murder victims and the spiritual advisors of condemned inmates. The book offers the reader new insight into the debates about capital punishment; provides revealing, and sometimes surprising, information about methods of execution; and explores national and international trends and movements related to the death penalty. It also addresses how the death penalty has been intertwined with racism, the high percentage of the mentally disabled on death row, and how the death penalty disproportionately affects the poor. The foundation for the church's position on the death penalty is illuminated by discussion of the life and death of Jesus, Scripture, the Mass, the Catechism of the Catholic Church, and the teachings of Pope John Paul II. Written for concerned Catholics and other interested readers, the book contains contemporary stories and examples, as well as discussion questions to engage groups in exploring complex issues.
Author: John H. Blume
Publisher: Foundation Press
Release Date: 2009
This title offers rich and detailed accounts of the most important capital cases in American law. In addition to comprehensive coverage of the "canonical cases" such as Furman v. Georgia, Gregg v. Georgia, Penry v. Lynaugh, Payne v. Tennessee, and McCleskey v. Kemp, the volume also presents in-depth accounts of cases involving core capital issues, including:RepresentationProtections for the innocentProportionality limitsExecution methodsThe problem of "volunteers"The guarantee of heightened reliability.
Author: Erik Owens
Publisher: Wm. B. Eerdmans Publishing
Release Date: 2004-08-06
Foreword by Jean Bethke Elshtain This important book is sure to foster informed public discussion about the death penalty by deepening readers' understanding of how religious beliefs and perspectives shape thiscontentious issue. Featuring a fair, balanced appraisal of its topic, Religion and the Death Penalty brings thoughtful religious reflection to bear on current challenges facing thecapital justice system. One look at the list of contributors reveals the significance of this book. Here are recognized leaders from the academy, government, and public life who also represent a wide range offaith commitments, including Jewish, Christian, and Muslim. Like many people of faith and goodwill, the authors disagree with one another, variously supporting retention, reform, orabolition of capital punishment. As a result, the book presents the most comprehensive and well-rounded religiously oriented discussion of the death penalty available. Contributors: Khaled Abou El Fadl Victor Anderson Jeanne Bishop J. Budziszewski John D. Carlson Mario M. Cuomo E. J. Dionne Jr. Avery Cardinal Dulles, S. J. Eric P. Elshtain Richard W. Garnett Stanley Hauerwas Frank Keating Gilbert Meilaender David Novak Erik C. Owens George H. Ryan Antonin Scalia Paul Simon Glen H. Stassen Michael L. Westmoreland-White Beth Wilkinson
Author: James R. Acker
Release Date: 2014-08-26
The third edition of America's Experiment with Capital Punishment has been expanded and updated to include several important developments since the publication of the second edition in 2003. New evidence is presented about the incidence of wrongful convictions, racial and geographical disparities in capital charging and sentencing practices, deterrence, trends in public opinion, jury decision-making, how the capital punishment process affects the families of both murder victims and offenders, the conditions and consequences of death row incarceration, the financial costs of capital punishment, executive clemency, and many other issues. Renewed attention is given to execution methods (focusing on lethal injection), capital punishment for persons with intellectual disabilities, and other matters of significance. Legal developments also are chronicled, including trends in the Supreme Court's interpretation and application of the ''evolving standards of decency'' and related Eighth Amendment principles, the prohibition against executing juvenile offenders, significant changes in federal habeas corpus policies, and the repeal of death-penalty statutes in several states. New chapters have been added to address the historical evolution of capital punishment (John Bessler), and the death penalty for persons with mental disabilities (Christopher Slobogin). Several additional authors have joined to produce the updated chapters. The book's twenty-six chapters critically analyze the history, politics, law, empirical evidence, and principled underpinnings of the contemporary debate about the death penalty in America. They also assess likely future trends in capital punishment law and practice. Written by the country's leading legal and social science scholars, the chapters collectively represent the most comprehensive and illuminating treatment of death penalty issues presently available in a single volume.
In this crucial study, named one of the Washington Post's Notable Nonfiction Books of 2016 and now in paperback, Baz Dreisinger goes behind bars in nine countries to investigate the current conditions in prisons worldwide. Beginning in Africa and ending in Europe, Incarceration Nations is a first-person odyssey through the prison systems of the world. Professor, journalist, and founder of the Prison-to-College-Pipeline program, Dreisinger looks into the human stories of incarcerated men and women and those who imprison them, creating a jarring, poignant view of a world to which most are denied.