Litigating In The Shadow Of Death

"Anyone who cares about capital punishment should read this compelling, lucid account of the obstacles defense attorneys face and the strategies they adopt." --John Parry, University of Pittsburgh School of Law "With its compelling narratives of cases, strategies, and ethical dilemmas, Litigating in the Shadow of Death is difficult to put down. . . . This pathbreaking book encapsulates the experience of the most respected capital defenders in America and shows how they save even the worst of the worst from execution. It also shows how sleeping and otherwise incompetent lawyers bring death sentences to their clients. Litigating in the Shadow of Death explores the lawyers' tasks at every stage of the criminal process--investigation, client interviewing, conferring with victims' families, plea bargaining, trial, appeal, and post-conviction proceedings." --Albert W. Alschuler, Julius Kreeger Professor of Law and Criminology, University of Chicago "A unique and profoundly important contribution to the literature on the death penalty. White allows the leading capital defense attorneys to speak in their own voices. His work reveals a new source of arbitrariness in the death system--whether the penalty is imposed turns more on who is your lawyer than on how evil was your deed or your character. Litigating in the Shadow of Death offers concrete guidelines for better lawyering, protection of the innocent, and understanding the artistry of the best capital attorneys. This is vivid, gripping stuff." --Andrew Taslitz, Professor of Law, Howard University "A most illuminating book by a splendid writer and an eminent critic of the capital punishment system." --Yale Kamisar, Professor of Law, University of San Diego "Welsh White has written another excellent book on the death penalty--this one on how defense attorneys in capital cases successfully prevent the state from executing their clients. Based on original research, Litigating in the Shadow of Death is informative and insightful. This is a book that all serious students of American capital punishment must read." --Richard Leo, University of California, Irvine Welsh S. White was Bessie McKee Walthour Endowed Chair and Professor of Law at the University of Pittsburgh.

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.

Publisher Description

This riveting and enlightening narrative unfolds on the night of August 16, 1996, with the brutal and senseless murder of Eric Nesbitt, a young man stationed at Langley Air Force Base, at the hands of 18-year-old Daryl Atkins. Over the course of more than a decade, Atkins’s case has bounced between the lowest and the highest levels of the judicial system. Found guilty and then sentenced to death in 1998 for Nesbitt’s murder, the Atkins case was then taken up in 2002 by the U.S. Supreme Court. The issue before the justices: given Daryl Atkins’s mental retardation, would his execution constitute cruel and unusual punishment, in violation of the Eighth Amendment? A 6–3 vote said yes. Daryl Atkins’s situation was far from being resolved though. Prosecutors claimed that Atkins failed to meet the statutory definition of mental retardation and reinstituted procedures to carry out his death sentence. Back in circuit court, the jury returned its verdict: Daryl Atkins was not retarded. Atkins’s attorneys promptly filed a notice of appeal, and the case continues today. Drawing on interviews with key participants; direct observation of the hearings; and close examination of court documents, transcripts, and press accounts, Thomas G. Walker provides readers with a rare view of the entire judicial process. Never losing sight of the stakes in a death penalty case, he explains each step in Atkins’s legal journey from the interactions of local law enforcement, to the decision-making process of the state prosecutor, to the Supreme Court’s ruling, and beyond. Walker sheds light on how legal institutions and procedures work in real life—and how they are all interrelated—to help students better understand constitutional issues, the courts, and the criminal justice system. Throughout, Walker also addresses how disability, race, and other key demographic and social issues affect the case and society’s views on the death penalty.

“A fascinating judicial study. The importance of the modern high court’s docket is so thoroughly and expertly chronicled in this book: reapportionment, courtroom cameras, personal injury, family law, environmental law, capital punishment, criminal justice, and equal justice under law.”—Thomas E. Baker, coauthor of Appellate Courts: Structures, Functions, Processes, and Personnel “A highly readable portrait of a crucial time in the history of the state high court. It brings to life the jurists and lawyers who contributed so much to contemporary Florida law.”—Mary Ziegler, author of After Roe: The Lost History of the Abortion Debate “A richly sourced, thoroughly researched, and entertaining account of one of the most significant eras in the history of what is arguably the most important (and least reported) branch of Florida government. Tells not only how the court’s decisions impact people’s lives but also how the personalities and life experience of new justices lead to evolutions in the law.”—Martin A. Dyckman, author of A Most Disorderly Court: Scandal and Reform in the Florida Judiciary “Necessary reading for anyone interested in law and politics in Florida. Makes historical figures come alive.”—Jon L. Mills, author of Privacy in the New Media Age This third volume in the history of the Florida Supreme Court describes the court during its most tumultuous years. Amid the upheaval of the civil rights movement, the Vietnam War, and Watergate, the story begins with reform in the Florida court system. It includes the court’s first black justice, Joseph Hatchett; Governor Reubin Askew’s new system for merit selection of justices; and revision of Article V, the section of the state constitution dealing with the judiciary. Neil Skene details landmark court decisions; the introduction of cameras in court; changes to media law, personal injury law, and family and divorce law; privacy rights; gay rights; death penalty cases; and the appointment of the first female justice, Rosemary Barkett. Shining a light on the often invisible work that informs the law, Skene recognizes lawyers and lower-court judges whose arguments and opinions have shaped court rulings. He integrates firsthand stories from justices with documents, articles, and cases. The result is an absorbing portrayal of a judicial institution adapting to a turbulent time of deep political and social change.

Voices from Criminal Justice, Second Edition, gives students rich insight into the criminal justice system from the point of view of practitioners, as well as outsiders—citizens, clients, jurors, probationers, or inmates. These qualitative and teachable articles cover all three components of the criminal justice system, ensuring students will be better informed about the daily realities of criminal justice professionals in law enforcement, courts, and corrections. At the same time, the juxtaposition of insider and outsider views allows students to look beyond the actual content of the articles and develop their own views about the functions and flaws of the criminal justice system on a societal level. This innovative reader, now with seven new articles designed to stimulate discussions and promote critical thought, is perfect for undergraduate criminal justice courses in the United States, and has proven to be an effective companion or alternative to traditional introductory textbooks. Voices from Criminal Justice, Second Edition, also offers a framework for more advanced students in special issues or capstone courses to synthesize information from earlier courses and develop their own view of American justice.

Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.