Books

BOOKS: "Race and the Death Penalty: The Legacy of McCleskey v. Kemp"

In a landmark ruling in McCleskey v. Kemp in 1987, a bitterly divided U.S. Supreme Court voted 5-4 vote that statistical evidence of racial discrimination in the application of the death penalty was insufficient to overturn an individual death sentence. A new book, Race and the Death Penalty: The Legacy of McCleskey v. Kemp, edited by David P. Keys, associate professor of criminal justice at New Mexico State University and R.J. Maratea of the Youth Research and Resource Center, Inc. explores the lasting effects of the McCleskey ruling. Race and the Death Penalty contains 12 chapters by death penalty experts, each discussing a different aspect of race in the post-McCleskey death penalty system, including research on the racial disparities in capital sentencing that persist today. In a review, Scott William Bowman, Assistant Professor of Criminal Justice at Texas State University, said the book "does a marvelous job of balancing the historical and contemporary narratives of how race and racism interact with the ongoing application of the death penalty.... Keys and Maratea have rejuvenated the dialogue."

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BOOKS: "Executing Grace"

In his new book, Executing Grace, evangelical Christian speaker, activist, and author Shane Claiborne weaves together personal narratives, theology, and research to make a Christian case against the death penalty. Claiborne says "[t]he death penalty did not flourish in America in spite of Christians but because of us." Arguing that "[w]e can't make death penalty history until we make death penalty personal," he tells the stories of people affected by the death penalty in a variety of ways: family members of murder victims, executioners and corrections officers, death row exonerees, and death row inmates. Each chapter closes with an individual story he calls "Faces of Grace." Claiborne also explores biblical history and the Bible's teachings on capital punishment, forgiveness, and mercy. Archbishop Desmond Tutu said, "In these pages, Shane Claiborne exposes the harm that the death penalty does to us as humans–to executioners, judges, governors, to the convicted and the exonerated, and to all of us as citizens. Here is an invitation to build a world where we reject all forms of killing, both legal and illegal. It is a call to join a movement where grace gets the last word. Shane Claiborne’s brilliant book reminds us that without forgiveness, there is no future.”

BOOKS: "13 Ways of Looking at the Death Penalty"

The recent book, 13 Ways of Looking at the Death Penalty, by Mario Marazziti, explores the United States' continuing use of the death penalty in a world community that is increasingly rejecting the practice. The Philadelphia Inquirer calls the book "an interesting, compelling look at the cultural and religious underpinnings of the death penalty and how we got here. More important, [Marazziti's] interviews with U.S. death-row inmates - living and now-deceased - their survivors, and their victims' families highlight the gray of a subject too many paint in black and white." Marazziti, who was deeply involved in the efforts that led the United Nations to call for a global moratorium on capital punishment, draws on his experiences as a co-founder of the World Coalition Against the Death Penalty and as spokesperson for the Community of Sant'Egidio, a progressive Catholic organization based in Rome. Pope Francis' appeal last month for Catholic government officials to work to halt all executions during the Church's Holy Year of Mercy came on the eve of an international conference against the death penalty organized by the Sant'Egidio Community. Marazziti's book includes research, personal narratives of those directly affected by the death penalty, and Marazziti's own reflections on the issue. Archbishop Desmond Tutu said, "13 Ways of Looking at the Death Penalty by Mario Marazziti is a deeply moving and cogently argued account of why an abominable practice should be abolished. The death penalty dehumanizes those who use it. Its mistakes cannot be corrected." 

BOOKS: "Confronting the Death Penalty: How Language Influences Jurors in Capital Cases"

In her new book, Confronting the Death Penalty: How Language Influences Jurors in Capital Cases, Marshall University Anthropology Professor Robin Conley examines "how language filters, restricts, and at times is used to manipulate jurors' experiences while they serve on capital trials and again when they reflect on them afterward." Conley spent fifteen months in ethnographic fieldwork observing four Texas capital trials and interviewing the jurors involved. She analyzes the language used in those trials, as well as written legal texts, to gain a greater understanding of how jurors go about making the decision for life or death. She also explores the questioning jurors undergo as to their beliefs about the death penalty, characterizing it as "socialization into killing." She writes that death penalty trials involve a number of communication practices - such as "dehumanizing references to defendants that stymie empathy between them and jurors, written and oral instructions that allow jurors to deny their personal involvement in defendants' deaths" - that create distance between jurors and defendants and "deny the humanistic side of legal decision-making."  In the book's conclusion, she writes of the importance of this type of language for the maintenance of the death penalty: "It is the words with which attorneys address potential jurors during voir dire, the written instructions on which jurors rely in the deliberation room, and the talk about defendants throughout the trial that maintain the persistent operation of the death penalty. By subverting other forms of experience, moreover, particular, authoritative modes of language allow jurors to send defendants to their deaths."

UN Secretary-General: "I Will Never Stop Calling for an End to the Death Penalty"

Calling the punishment "simply wrong," United Nations Secretary-General Ban Ki-Moon has vowed to "never stop calling for an end to the death penalty." Speaking at the launch of a new book by the Office of the UN High Commissioner for Human Rights, "Moving Away from the Death Penalty: Arguments, Trends and Perspectives," the Secretary-General highlighted the worldwide decline of capital punishment, noting that "more and more countries and States are abolishing the death penalty." Data from the book confirms these trends: in 1975, about 97% of countries were carrying out executions, as compared to only 27% today. Ban Ki-Moon appeared alongside Kirk Bloodsworth, the first death-sentenced person in the U.S. to have been exonerated by DNA evidence. The Secretary-General said of Bloodsworth, "[Mr. Bloodsworth] represents the reason we are here today. He is totally innocent of any crime. But like too many other people, he suffered the unforgiveable injustice of a death sentence…I am conscious that he says he was not exonerated because the system worked but because of a series of miracles." Bloodsworth explained his reasons for supporting abolition by saying, "It’s very simple: if it can happen to me it can happen to anyone; in America or anywhere. What I’m saying is that an innocent person can be executed and that should never happen. If it can happen to me it can happen to anybody anywhere in the world."  

In New Book, Media Interviews, Justice Breyer Addresses International Opinion, Arbitrariness of Death Penalty

In his new book, The Court and the World: American Law and the New Global Realities, and in media interviews accompanying its release, Supreme Court Justice Stephen Breyer discusses the relationship between American laws and those of other countries and his dissent in Glossip v. Gross, which questioned the constitutionality of the death penalty. In an interview with The National Law Journal, Breyer summarized the core reasons underlying his Glossip dissent: "You know, sometimes people make mistakes, [executing] the wrong person. It is arbitrary. There is lots of evidence on that. Justice Potter Stewart said it was like being hit by lightning, whether the person is actually executed. If carried out, a death sentence, on average takes place now 18 years after it is imposed. The number of people who are executed has shrunk dramatically. They are centered in a very small number of counties in the United States. Bottom line is, let's go into the issue. It is time to go into it again." In his book, Breyer argues that the laws and practices of foreign countries are relevant to and might be particularly informative on questions regarding the Eighth Amendment. He notes that international opinion has influenced decisions to end the death penalty for juveniles and for crimes that do not result in death. His Glossip opinion also mentioned international practices - that only 22 countries carried out executions in 2013 and that the U.S. was one of only eight that executed more than 10 people - among the reasons American capital punishment may be an unconstitutionally "cruel and unusual punishment." That phrase, he says in his book, is itself of foreign origin. "It uses the word 'unusual,'" Breyer says, "and the founders didn't say unusual in what context." Foreign law and practices, he argues, should form part of that context.

BOOKS: "An Evil Day in Georgia"

Through the lens of a 1927 murder and the ensuing trials of three suspects, An Evil Day in Georgia examines the death penalty system in Prohibition-era Georgia. James Hugh Moss, a black man, and Clifford Thompson, a white man, both from Tennessee, were accused of the murder of store owner Coleman Osborn in rural north Georgia. Thought to be involved in the illegal interstate trade of alcohol, they were tried, convicted, and sentenced to death on circumstantial evidence within a month of the murder. Thompson's wife, Eula Mae Elrod, was tried, convicted, and sentenced to death the following year, but was released in 1936 after her case gained notoriety in the press. "Moss, Thompson, and Elrod...were almost classic examples of perceived social outsiders or rebels who ran afoul of a judicial system not designed to protect them but to weed them out and discourage others who might think about challenging the system," author Robert N. Smith says. "Moreover, all three trials were held in circumstances where local tensions ran so high that conviction was virtually assured." John Bessler, author of Cruel and Unusual: The American Death Penalty and the Founders’ Eighth Amendment, said, "In An Evil Day in Georgia, author Robert Smith raises lingering questions about the guilt of two men—one white and one black—executed for a murder in the Deep South in the 1920s. . . . The telling of this story, one that played out in the Jim Crow era and the days of bootlegging and the Ku Klux Klan, exposes the death penalty’s imperfections even as it calls into question the veracity of a woman’s confession, later recanted, that once brought her within a stone’s throw of the state’s electric chair."

BOOKS: "The Death Penalty: A Worldwide Perspective"

The Death Penalty: A Worldwide Perspective by Roger Hood and Carolyn Hoyle, now in its Fifth Edition, is "widely regarded as the leading authority on the death penalty in its international context." The book explores the movement toward worldwide abolition of the death penalty, with an emphasis on international human right principles. It discusses issues including arbitrariness, innocence, and deterrence. Paul Craig, Professor of English Law at Oxford University, said of the fourth edition, "Its rigorous scholarship and the breadth of its coverage are hugely impressive features; its claim to 'worldwide' coverage is no idle boast. This can fairly lay claim to being the closest thing to a definitive source-book on this important subject."
 

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