Courting Death: The Supreme Court and Capital Punishment, Hardcover
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Numar articol:197994181
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Specificatii
Unique among Western democracies in refusing to eradicate the death
penalty, the United States has attempted instead to reform and
rationalize state death penalty practices through federal
constitutional law. Courting Death traces the unusual and
distinctive history of top-down judicial regulation of capital
punishment under the Constitution and its unanticipated
consequences for our time. In the 1960s and 1970s, in the face of
widespread abolition of the death penalty around the world,
provisions for capital punishment that had long fallen under the
purview of the states were challenged in federal courts. The U. S.
Supreme Court intervened in two landmark decisions, first by
constitutionally invalidating the death penalty in Furman v.
Georgia (1972) on the grounds that it was capricious and
discriminatory, followed four years later by restoring it in Gregg
v. Georgia (1976). Since then, by neither retaining capital
punishment in unfettered form nor abolishing it outright, the
Supreme Court has created a complex regulatory apparatus that has
brought executions in many states to a halt, while also failing to
address the problems that led the Court to intervene in the first
place. While execution chambers remain active in several states,
constitutional regulation has contributed to the death penalty's
new fragility. In the next decade or two, Carol Steiker and Jordan
Steiker argue, the fate of the American death penalty is likely to
be sealed by this failed judicial experiment. Courting Death
illuminates both the promise and pitfalls of constitutional
regulation of contentious social issues.
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