Three Decades of Tinkering with the Machinery of Death

Three Decades of Tinkering with the Machinery of Death

Author: Mikaela Janet Malsin

Publisher:

Published: 2016

Total Pages: 458

ISBN-13:

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This dissertation offers a rhetorical history of the Supreme Court's capital punishment jurisprudence through four pivotal cases, each capturing the rhetorical milieu of a decade: the 1970s, 1980s, and 1990s, respectively. I interrogate the fractured judicial voice, constitutive rhetoric, and pathos as I analyze Furman v. Georgia, McCleskey v. Kemp, Payne v. Tennessee, and Callins v. Collins. My readings suggest that in each capital punishment case, the justices wrangled over the nature of rhetoric and its role in justifying or invalidating capital punishment. Each analysis, then, identifies the fundamental rhetorical negotiations that animated the justices' opinions. I argue that in Furman, the question of capital punishment's constitutionality revealed a broader conflict over the Court's role in making decisions of life and death. I isolate three loci of the rhetorical struggle at the heart of that conflict, drawing upon the rhetoric of social change, the rhetoric of history, and stasis theory to illuminate the rhetoricity of the Court's dilemmas. I read McCleskey v. Kemp as a negotiation over the constitutive functions of judicial rhetoric, in which the majority opinions rejected a notion of the Court's rhetoric as constitutive even as they constituted particular visions of social scientific evidence and of racial discrimination. By contrast, the minority opinions in McCleskey embraced the constitutive functions of judicial rhetoric. I assess the last two cases from the early 1990s as conflicting approaches to the role of emotion in capital punishment decisionmaking. The majority's decision in Payne validated the emotional undertones of disgust and vengeance toward the defendant and compassion for the victims, while Blackmun's dissent in Callins focused on compassion for the defendant. The Court in Payne also deflected the emotionality of its own rhetoric, while the Callins dissent explicitly leveraged its emotionality. I conclude with a discussion of the current state of the Court's death penalty jurisprudence and reflect upon the historical and rhetorical implications of the project.


The Death Penalty

The Death Penalty

Author: Brandon Garrett

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781634603218

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Softbound - New, softbound print book.


Courting Death

Courting Death

Author: Carol S. Steiker

Publisher: Harvard University Press

Published: 2016-11-07

Total Pages: 401

ISBN-13: 0674737423

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Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death


Beyond Repair?

Beyond Repair?

Author: Stephen P. Garvey

Publisher: Duke University Press

Published: 2003

Total Pages: 260

ISBN-13: 9780822330431

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Can the death penalty be administered in a just way - without executing the innocent, without regard to race, and without arbitrariness? All new, the essays in this collection focus on the period since 1976.


The New Jim Crow

The New Jim Crow

Author: Michelle Alexander

Publisher: The New Press

Published: 2020-01-07

Total Pages: 434

ISBN-13: 1620971941

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Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.


Against the Death Penalty

Against the Death Penalty

Author: Stephen Breyer

Publisher:

Published: 2023-09

Total Pages: 0

ISBN-13: 9780815740568

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"Does the Death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues yes, it does: it is carried out unfairly and inconsistently, thus violating the ban on "cruel and unusual punishments" in the Eighth Amendment to the Constitution. Against the Death Penalty contains the full text of Justice Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to the state of Oklahoma's use of a lethal-injection drug that could cause severe pain. This volume includes an introduction to the case and a history of the challenges to the constitutionality of the death penalty by law professor John D. Bessler. Throughout Against the Death Penalty, Justice Breyer's legal citations are made accessible by Bessler's explanatory notes, but the text retains the full force of Breyer's powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. This passionate argument has been cited by many legal experts including the late Justice Antonin Scalia--as signaling an eventual Court ruling striking down the death penalty."


Killing Times

Killing Times

Author: David Wills

Publisher: Fordham Univ Press

Published: 2019-03-05

Total Pages: 288

ISBN-13: 082328350X

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Killing Times begins with the deceptively simple observation—made by Jacques Derrida in his seminars on the topic—that the death penalty mechanically interrupts mortal time by preempting the typical mortal experience of not knowing at what precise moment we will die. Through a broader examination of what constitutes mortal temporality, David Wills proposes that the so-called machinery of death summoned by the death penalty works by exploiting, or perverting, the machinery of time that is already attached to human existence. Time, Wills argues, functions for us in general as a prosthetic technology, but the application of the death penalty represents a new level of prosthetic intervention into what constitutes the human. Killing Times traces the logic of the death penalty across a range of sites. Starting with the legal cases whereby American courts have struggled to articulate what methods of execution constitute “cruel and unusual punishment,” Wills goes on to show the ways that technologies of death have themselves evolved in conjunction with ideas of cruelty and instantaneity, from the development of the guillotine and the trap door for hanging, through the firing squad and the electric chair, through today’s controversies surrounding lethal injection. Responding to the legal system’s repeated recourse to storytelling—prosecutors’ and politicians’ endless recounting of the horrors of crimes—Wills gives a careful eye to the narrative, even fictive spaces that surround crime and punishment. Many of the controversies surrounding capital punishment, Wills argues, revolve around the complex temporality of the death penalty: how its instant works in conjunction with forms of suspension, or extension of time; how its seeming correlation between egregious crime and painless execution is complicated by a number of different discourses. By pinpointing the temporal technology that marks the death penalty, Wills is able to show capital punishment’s expansive reach, tracing the ways it has come to govern not only executions within the judicial system, but also the opposed but linked categories of the suicide bombing and drone warfare. In discussing the temporal technology of death, Wills elaborates the workings both of the terrorist who produces a simultaneity of crime and “punishment” that bypasses judicial process, and of the security state, in whose remote-control killings the time-space coordinates of “justice” are compressed and at the same time disappear into the black hole of secrecy. Grounded in a deep ethical and political commitment to death penalty abolition, Wills’s engaging and powerfully argued book pushes the question of capital punishment beyond the confines of legal argument to show how the technology of capital punishment defines and appropriates the instant of death and reconfigures the whole of human mortality.


The Invention of Hugo Cabret

The Invention of Hugo Cabret

Author: Brian Selznick

Publisher: Scholastic

Published: 2015-09-03

Total Pages: 264

ISBN-13: 1407166573

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An orphan and thief, Hugo lives in the walls of a busy train station. He desperately believes a broken automaton will make his dreams come true. But when his world collides with an eccentric girl and a bitter old man, Hugo's undercover life are put in jeopardy. Turn the pages, follow the illustrations and enter an unforgettable new world!


Death by Design

Death by Design

Author: Craig Haney

Publisher: Oxford University Press

Published: 2005-08-04

Total Pages: 350

ISBN-13: 0198040229

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How can otherwise normal, moral persons - as citizens, voters, and jurors - participate in a process that is designed to take the life of another? In DEATH BY DESIGN, research psychologist Craig Haney argues that capital punishment, and particularly the sequence of events that lead to death sentencing itself, is maintained through a complex and elaborate social psychological system that distances and disengages us from the true nature of the task. Relying heavily on his own research and that of other social scientists, Haney suggests that these social psychological forces enable persons to engage in behavior from which many of them otherwise would refrain. However, by facilitating death sentencing in these ways, this inter-related set of social psychological forces also undermines the reliability and authenticity of the process, and compromises the fairness of its outcomes. Because these social psychological forces are systemic in nature - built into the very system of death sentencing itself - Haney concludes by suggesting a number of inter-locking reforms, derived directly from empirical research on capital punishment, that are needed to increase the fairness and reliability of the process. The historic and ongoing public debate over the death penalty takes place not only in courtrooms, but also in classrooms, offices, and living rooms. This timely book offers stimulating insights into capital punishment for professionals and students working in psychology, law, criminology, sociology, and cultural area studies. As capital punishment receives continued attention in the media, it is also a necessary and provocative guide that empowers all readers to come to their own conclusions about the death penalty.