The Debate About The Death Penalty

Experts on both side of the issue speak out both for and against capital punishment and the rationale behind their individual beliefs.

Describes the debate about the death penalty raising questions about whether it is justified, whether it is ever humane, who dies and who lives, and whether the death penalty ever makes society safer.

From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.

"Through the statements of witnesses who testified at historic hearings in New York between December 2004 and February 2005, [the book] seeks to educate a national and international citizenry about capital punishment. ... present[ing] the essential facts relating to the death penalty and the major categories of debate over capital punishment worldwide"--Introd.

Providing a new look at the intense public debate surrounding the death penalty in the United States, this book explores the various trends in public opinion that influence crime prevention efforts, create public policy, and reform criminal law. It examines eight core issues about the use of execution: cruel and unusual punishment, discrimination, deterrence, due process, culpability, scripture, innocence, and justice. It provides a brief history of capital punishment in the United States from the earliest known execution at the Jamestown Colony in 1608 to executions occurring as recently as 2008. Additional topics include the regionalization of capital punishment sentences, the spiritual and scriptural debate over the death penalty, the role of DNA evidence in modern execution sentences, and the ongoing effects of Furman v. Georgia, McClesky v. Kemp, Baze v. Rees, and other related court rulings.

NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.

Discusses the history of execution, the process from sentencing to execution, moral issues involved in the death penalty, arguments for and against it, and the shrinking number of countries with it.