The Racial Geography of the Federal Death Penalty

The Racial Geography of the Federal Death Penalty
Author: G. Ben Cohen
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:


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Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the expansion of the venire from the county to the district level has a dramatic demographic impact on the racial make-up of the jury. This inquiry demonstrates that the conversation concerning who should make up the jury of twelve neighbors and peers - a discussion begun well before the founding of our Constitution - continues to have relevance today. This Article documents the historical and racial relationships between place and the ability to seat an impartial jury. We then discuss the unique impact demographic shifts in the jury pool have on death penalty decision making. Finally, we propose three possible solutions: (1) a simple, democracyenhancing fix through a return to the historical conception of the county as the place of vicinage in federal capital trials; (2) a Batson-type three-step process for rooting out the influence of race on the decision to prosecute federally; and/or (3) voluntary measures by the Attorney General to mask demographic and location identifiers when deciding whether to provide federal death-authorization. We explain why a return to county-level jury pools in federal capital cases (whether through statutory construction, legislative change, or through the authority of a fair-minded Attorney General) prospectively limits the impact of race on the operation of the federal death penalty, without establishing the intractability of the federal death penalty as a whole. Finally, we observe that any effort to study the federal death penalty cannot merely address those federal cases in which the Attorney General has considered whether to approve an effort to seek the death penalty, but must also include an assessment of the cases prosecuted in state court that could be prosecuted federally and the prosecutorial decision concerning when and whether to prosecute in federal court.

Questioning Capital Punishment

Questioning Capital Punishment
Author: James R. Acker
Publisher: Routledge
Total Pages: 417
Release: 2014-06-13
Genre: Social Science
ISBN: 1317689321


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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.

The Federal Death Penalty System

The Federal Death Penalty System
Author: United States. Dept. of Justice
Publisher:
Total Pages: 438
Release: 2000
Genre: Capital punishment
ISBN:


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The Politics of Protest

The Politics of Protest
Author: Nadia E. Brown
Publisher: Routledge
Total Pages: 296
Release: 2020-12-18
Genre: Political Science
ISBN: 1000260305


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This collection provides a deep engagement with the political implication of Black Lives Matter. This book covers a broad range of topics using a variety of methods and epistemological approaches. In the twenty-first century, the killings of Black Americans have sparked a movement to end the brutality against Black bodies. In 2013, #BlackLivesMatter would become a movement-building project led by Alicia Garza, Patrisse Cullors, and Opal Tometi. This movement began after the acquittal of George Zimmerman, who murdered 17-year-old Trayvon Martin. The movement has continued to fight for racial justice and has experienced a resurgence following the 2020 slayings of Ahmaud Arbery, George Floyd, Breonna Taylor, Sean Reed, Tony McDade, and David McAtee among others. The continued protests raise questions about how we can end this vicious cycle and lead Blacks to a state of normalcy in the United States. In other words, how can we make any advances made by Black Lives Matter stick? The chapters in this book were originally published in the journal Politics, Groups, and Identities.

Deadly Justice

Deadly Justice
Author: Frank R. Baumgartner
Publisher: Oxford University Press
Total Pages: 417
Release: 2018
Genre: Law
ISBN: 0190841540


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Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.

Our Punitive Society

Our Punitive Society
Author: Randall G. Shelden
Publisher: Waveland Press
Total Pages: 265
Release: 2009-12-30
Genre: Social Science
ISBN: 1478610182


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This brand new text identifies the macroeconomic forces relevant to imprisonmentpoverty and political powerlessnessand explores viable and humane alternatives to our current incarceration binge.

Ohio State Journal of Criminal Law

Ohio State Journal of Criminal Law
Author:
Publisher:
Total Pages: 356
Release: 2012
Genre: Criminal justice, Administration of
ISBN:


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DeathQuest

DeathQuest
Author: Robert M. Bohm
Publisher: Routledge
Total Pages: 457
Release: 2011-08-15
Genre: Political Science
ISBN: 1317522915


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This fourth edition of the first true textbook on the death penalty engages the reader with a full account of the arguments and issues surrounding capital punishment. The book begins with the history of the death penalty from colonial to modern times, and then examines the moral and legal arguments for and against capital punishment. It also provides an overview of major Supreme Court decisions and describes the legal process behind the death penalty. In addressing these issues, the author reviews recent developments in death penalty law and procedure, including ramifications of newer case law, such as that regarding using lethal injection as a method of execution. The author’s motivation has been to understand what motivates the "deathquest" of the American people, leading a large percentage of the public to support the death penalty. The book will educate readers so that whatever their death penalty opinions are, they are informed ones.

The Geography of Execution

The Geography of Execution
Author: Keith D. Harries
Publisher: Rowman & Littlefield Publishers
Total Pages: 182
Release: 1997
Genre: Law
ISBN:


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The perennially controversial issue of capital punishment has generated especially passionate debate in recent years. In this book, two noted experts on crime provide a geo-historical perspective on capital punishment, showing vividly the incoherencies and contradictions in policies and practices across the country. Going back to the earliest U.S. executions, the authors challenge the belief that capital punishment serves as a deterrent. Using state-of-the-art methods drawn from geographic information systems (GIS), they illustrate the culture of capital punishment and its impact on selected groups, mapping the execution of women, for example, and the origin and diffusion of electrocution, the gas chamber, and lethal injection. This book will be indispensable to anyone--scholar, policy maker, or lay person--who must be informed on the issue of capital punishment.