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Against the Death Penalty by
A landmark dissenting opinion arguing against the death penalty. Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues that it does; that it is carried out unfairly and inconsistently and, thus, violates the ban on "cruel and unusual punishments" specified by the Eighth Amendment to the Constitution. "Today's administration of the death penalty," Breyer writes, "involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty's penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use." This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia--as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions.
The Death Penalty by
When a violent crime is committed, some people believe the only fair punishment is for the perpetrator to be put to death. Others feel that this practice is inhumane and that no one should be deliberately killed, regardless of what he or she may have done. This volume examines the history of the death penalty, the ways it is administered, and the arguments for and against it. Chapter questions encourage discussion among readers, and detailed charts and compelling sidebars enhance readers' understanding of this hotly debated topic.
The Death Penalty by
The death penalty is surely one of the most highly contentious points the Supreme Court has had to weigh in on. Whether you believe in the death penalty or not, the Furman v. Georgia case was groundbreaking in its decision to stay Furman's execution because it was arbitrary and, very possibly, racially motivated. Though it did not stop capital punishment, the case changed the way states had to weigh their decisions. Also included are questions to consider, primary source documents, and a chronology of the case.
Gruesome Spectacles by
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.
The Death Penalty by 
Capital Defense by 
