Capital Defense


Book Description

The unsung heroes who defend the accused from the ultimate punishment What motivates someone to make a career out of defending some of the worst suspected killers of our time? In Capital Defense, Jon B. Gould and Maya Pagni Barak give us a glimpse into the lives of lawyers who choose to work in the darkest corner of our criminal justice system: death penalty cases. Based on in-depth personal interviews with a cross-section of the nation’s top capital defense teams, the book explores the unusual few who voluntarily represent society’s “worst of the worst.” With a compassionate and careful eye, Gould and Barak chronicle the experiences of American lawyers, who—like soldiers or surgeons—operate under the highest of stakes, where verdicts have the power to either “take death off the table” or put clients on “the conveyor belt towards death.” These lawyers are a rare breed in a field that is otherwise seen as dirty work and in a system that is overburdened, under-resourced, and overshadowed by social, cultural, and political pressures. Examining the ugliest side of our criminal justice system, Capital Defense offers an up-close perspective on the capital litigation process and its impact on the people who participate in it.




Fighting for Their Lives


Book Description

How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time. What it is like for these capital defenders in their last visits or phone calls with clients who are about to be taken to the execution chamber? Or the next mornings, in their lives with their families, in their dreams and flashbacks and moments alone in the car? What is it like to do this work year after year? (These attorneys had, on average, spent nineteen years doing capital defense.) Through vivid interviews amplified by the author's responses and commentary, these attorneys reveal aspects of their internal experience that they have never talked about until now. How do capital defenders manage the weight of the responsibility they carry? To what extent do they experience symptoms of trauma in the aftermath of losing a client to execution or as a result of the cumulative effects of engaging in capital defense work? What motivates them, and what do they draw upon, in order to keep engaging in such emotionally demanding work? Have they considered practicing other types of law? What can we learn from capital defenders not only about the deep and long-term effects of the death penalty but also about broader human questions of hope, effectiveness, success, failure, strength, fragility, and perseverance?




By Man Shall His Blood Be Shed


Book Description

The Catholic Church has in recent decades been associated with political efforts to eliminate the death penalty. It was not always so. This timely work reviews and explains the Catholic Tradition regarding the death penalty, demonstrating that it is not inherently evil and that it can be reserved as a just form of punishment in certain cases. Drawing upon a wealth of philosophical, scriptural, theological, and social scientific arguments, the authors explain the perennial teaching of the Church that capital punishment can in principle be legitimate—not only to protect society from immediate physical danger, but also to administer retributive justice and to deter capital crimes. The authors also show how some recent statements of Church leaders in opposition to the death penalty are prudential judgments rather than dogma. They reaffirm that Catholics may, in good conscience, disagree about the application of the death penalty. Some arguments against the death penalty falsely suggest that there has been a rupture in the Church's traditional teaching and thereby inadvertently cast doubt on the reliability of the Magisterium. Yet, as the authors demonstrate, the Church's traditional teaching is a safeguard to society, because the just use of the death penalty can be used to protect the lives of the innocent, inculcate a horror of murder, and affirm the dignity of human beings as free and rational creatures who must be held responsible for their actions. By Man Shall His Blood Be Shed challenges contemporary Catholics to engage with Scripture, Tradition, natural law, and the actual social scientific evidence in order to undertake a thoughtful analysis of the current debate about the death penalty.




Litigating in the Shadow of Death


Book Description

An absorbing account of the ways in which defense attorneys represent capital defendants, Litigating in the Shadow of Death brings to light the paramount role these attorneys have played in shaping the modern system of capital punishment. Author Welsh White explains how attorneys' skills and abilities influence the determination of which capital defendants are sentenced to death.




Preventive Defense


Book Description

William J. Perry and Ashton B. Carter, two of the world's foremost defense authorities, draw on their experience as leaders of the U.S. Defense Department to propose a new American security strategy for the twenty-first century. After a century in which aggression had to be defeated in two world wars and then deterred through a prolonged cold war, the authors argue for a strategy centered on prevention. Now that the cold war is over, it is necessary to rethink the risks to U.S. security. The A list--threats to U.S. survival--is empty today. The B list--the two major regional contingencies in the Persian Gulf and on the Korean peninsula that dominate Pentagon planning and budgeting--pose imminent threats to U.S. interests but not to survival. And the C list--such headline-grabbing places as Kosovo, Bosnia, Somalia, Rwanda, and Haiti--includes important contingencies that indirectly affect U.S. security but do not directly threaten U.S. interests. Thus the United States is enjoying a period of unprecedented peace and influence; but foreign policy and defense leaders cannot afford to be complacent. The authors' preventive defense strategy concentrates on the dangers that, if mismanaged, have the potential to grow into true A-list threats to U.S. survival in the next century. These include Weimar Russia: failure to establish a self-respecting place for the new Russia in the post-cold war world, allowing it to descend into chaos, isolation, and aggression as Germany did after World War I; Loose Nukes: failure to reduce and secure the deadly legacy of the cold war--nuclear, chemical, and biological weapons in Russia and the rest of the former Soviet Union; A Rising China Turned Hostile: failure to shape China's rise to Asian superpower status so that it emerges as a partner rather than an adversary; Proliferation: spread of weapons of mass destruction; and Catastrophic Terrorism: increase in the scope and intensity of transnational terrorism.They also argue for




The Elgar Companion to Capital Punishment and Society


Book Description

The Elgar Companion to Capital Punishment and Society presents a multidisciplinary overview of capital punishment’s influences, processes and outcomes across society. A global range of philosophers, social scientists, legal experts, political theorists and historians critically analyse the trajectory of the death penalty in both retentionist and abolitionist countries, underscoring how state killing remains a crucial issue worldwide.




Routledge Handbook on Capital Punishment


Book Description

Capital punishment is one of the more controversial subjects in the social sciences, especially in criminal justice and criminology. Over the last decade or so, the United States has experienced a significant decline in the number of death sentences and executions. Since 2007, eight states have abolished capital punishment, bringing the total number of states without the death penalty to 19, plus the District of Columbia, and more are likely to follow suit in the near future (Nebraska reinstated its death penalty in 2016). Worldwide, 70 percent of countries have abolished capital punishment in law or in practice. The current trend suggests the eventual demise of capital punishment in all but a few recalcitrant states and countries. Within this context, a fresh look at capital punishment in the United States and worldwide is warranted. The Routledge Handbook on Capital Punishment comprehensively examines the topic of capital punishment from a wide variety of perspectives. A thoughtful introductory chapter from experts Bohm and Lee presents a contextual framework for the subject matter, and chapters present state-of-the-art analyses of a range of aspects of capital punishment, grouped into five sections: (1) Capital Punishment: History, Opinion, and Culture; (2) Capital Punishment: Rationales and Religious Views; (3) Capital Punishment and Constitutional Issues; (4) The Death Penalty’s Administration; and (5) The Death Penalty’s Consequences. This is a key collection for students taking courses in prisons, penology, criminal justice, criminology, and related subjects, and is also an essential reference for academics and practitioners working in prison service or in related agencies.




Justice for All Act of 2004


Book Description




Questioning Capital Punishment


Book Description

The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, Questioning Capital Punishment offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and normative perspectives about death penalty policies and practices. This book is ideal for upper-level undergraduate and graduate classes in criminal justice.




Capital Punishment


Book Description

This authoritative, balanced, and accessible reference resource provides readers with a wide-ranging survey of capital punishment in America, including its history, its legal and cultural foundations, and racial and economic factors in its application. This carefully crafted primer on the history and present state of capital punishment in the United States examines cultural, political, and legal factors and developments, as well as key figures, groups, and movements, by consolidating a wide variety of material into a single, convenient source. Utilizing a rich and varied array of scholarship and primary sources, this work examines historical, political, cultural, and legal factors and developments that have shaped the contours of capital punishment throughout American history. It examines key figures and organizations who have played pivotal roles in debates over the death penalty; provides readers with illuminating coverage of laws, cases, and the people involved; discusses the experiences of death row inmates; and explores questions and controversies revolving around the socioeconomic factors that influence the use of capital punishment.