History of the Death Penalty

BOOKS: "Proof of Guilt: Barbara Graham and the Politics of Executing Women in America"

A new book by Kathleen Cairns explores the intriguing story of Barbara Graham, who was executed for murder in California in 1955, and whose case became a touchstone in the ongoing debate over capital punishment. In Proof of Guilt: Barbara Graham and the Politics of Executing Women in America, Cairns examines how different narratives portrayed Graham, with prosecutors describing her as mysterious and seductive, while some of the media emphasized Graham's abusive and lonely childhood. The book also describes how Graham’s case became crucial to the death-penalty abolitionists of the time, as questions of guilt were used to raise awareness of the arbitrary and capricious nature of the death penalty.

INNOCENCE: Alabama Lawmakers Unanimously Vote to Pardon Scottsboro Boys

On April 4, the Alabama House of Representatives voted 103-0 in favor of a bill to posthumously pardon the "Scottsboro Boys," nine black teenagers who were wrongfully convicted of the rape of two white women in 1931. The bill passed the Senate by a vote of 29-0, and Gov. Robert Bentley has indicated he will sign it. All but one of the group were sentenced to death by all-white juries with virtually no legal representation. The military had to protect them from angry mobs. They lingered on death row for years. Eventually, after several arguments in the U.S. Supreme Court on the right to counsel and proper selection of juries, all of them were freed without execution. Through the years of appeals, one of the women who accused the group of rape recanted and said the claim was a lie. Sen. Arthur Orr, a Republican sponsor of the bill, said, "Their lives were ruined by the convictions. By doing this, it sends a very positive message nationally and internationally that this is a different state than we were many years ago." The last of the group of defendants died in 1989. (photo: Brown Brothers, Sterling, PA).

BOOKS: Gil Wanger's Lifetime of Work Against Capital Punishment

The Michigan Committee Against Capital Punishment has published a collection of over 40 years of testimony, brochures, and other information by attorney and death-penalty expert Eugene Wanger. The collection begins with the resolution from Michigan's 1962 constitutional convention banning capital punishment in the state. It includes Wanger's testimony at numerous hearings opposing bills attempting to reinstate the death penalty, as well as brochures and short articles. The bound and boxed volume provides a comprehensive overview of the history of death-penalty legislation in Michigan. Through legislation in 1846, the state became first English-speaking government to abolish the death penalty for murder and lesser crimes.

MULTIMEDIA: Prof. John Bessler Takes Listeners on an Historical Journey Exploring Arbitrariness in the Death Penalty

DPIC is proud to present its latest podcast, featuring award-winning author John Bessler discussing the historical roots of the death penalty and the current problem of arbitrariness in its application. Bessler is a law professor at the University of Baltimore School of Law and author of Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment. Prof. Bessler shares his expertise on the surprising resistance to capital punishment among some of the nation's founders and explores major Supreme Court decisions on this issue. He explains why the death penalty is open to constitutional challenge because its application is influenced by race, geography, and quality of representation. Click here to listen to the podcast or download it for future use. 

BOOKS: "Race, Rape, and Injustice"

A new book, Race, Rape, and Injustice: Documenting and Challenging Death Penalty Cases in the Civil Rights Era, recounts the fascinating story of twenty-eight law students who traveled throughout the South in the 1960s to gather data about the use of capital punishment in rape cases. They found the death penalty was used almost exclusively against black defendants accused of raping white women. The book was largely written by Barrett Foerster, one of the students, and then completed after his death by Michael Meltsner, an attorney at the NAACP Legal Defense Fund at the time of the study.  The results of the investigation were used in arguments before the U.S. Supreme Court and played a role in Furman v. Georgia, the landmark case that held the death penalty unconstitutional in 1972.  In the concluding chapter, Foerster wrote, "Racism does not disappear just because laws and legal procedures are changed.  Capital punishment, though less popular, less widespread, and less cited as a cure for crime, is still with us.  And with the exoneration of many innocent prisoners, its flaws are now even more obvious than before."

BOOKS: Early Supreme Court Cases on the Death Penalty

A new book by Professor Robert Bohm of the University of Central Florida looks at death-penalty decisions by the U.S. Supreme Court prior to the modern era of capital punishment that began in 1968. In The Past As Prologue, Bohm examines 39 Court decisions, covering issues such as clemency, jury selection, coerced confessions, and effective representation. These early decisions have shaped modern rulings on capital punishment, and the book provides an analysis of these effects. In addition, the cases provide an historical perspective on prior death penalty practices. Bohm is a Professor of Criminal Justice and has published widely in this field and on capital punishment.

HISTORY: Public Executions in Virginia

A new book by Professor Harry M. Ward of the University of Richmond examines the death penalty in Virginia at a time when executions were carried out for all to see. In Public Executions in Richmond, Virginia: A History, 1782-1907, Ward provides a history of the hangings and, during the Civil War, firing-squad executions in Virginia's capital city. Thousands of witnesses attended the executions, which were seen as a form of entertainment. Public executions ended with the introduction of the electric chair in 1908. In 1995, Virginia adopted lethal injection as its primary form of execution.

 

IN MEMORIAM: Hugo Adam Bedau

Long-time death penalty scholar Hugo Adam Bedau died on August 13, 2012 . Dr. Bedau had been the Austin B. Fletcher Professor of Philosophy at Tufts University, and is best known for his work on capital punishment. Dr. Bedau frequently testified about the death penalty before the U.S. Congress and many state legislatures. He authored several books about the death penalty, including The Death Penalty in America (1964; 4th edition, 1997), The Courts, the Constitution, and Capital Punishment (1977), Death is Different (1987), and Killing as Punishment (2004), and co-authored In Spite of Innocence (1992).  This last book, written with Prof. Michael Radelet of the University of Colorado and Constance Putnam (Dr. Bedau's wife), contained one of the best early collections of people who had been wrongly convicted in death penalty cases. In 1997, Bedau received the August Vollmer Award of the American Society of Criminology, and in 2003 he received the Roger Baldwin Award from the ACLU of Massachusetts.  Dr. Bedau was a founding member of the National Coalition to Abolish the Death Penalty.

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