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Cruel & unusual : the American death penalty and the founders' Eighth Amendment  Cover Image Book Book

Cruel & unusual : the American death penalty and the founders' Eighth Amendment / John D. Bessler.

Bessler, John D. (Author).

Summary:

The conventional wisdom is that the founders were avid death penalty supporters. In this fascinating and insightful examination of America's Eighth Amendment, law professor John D. Bessler explodes this myth and shows the founders' conflicting and ambivalent views on capital punishment. Cruel and Unusual takes the reader back in time to show how the indiscriminate use of executions gave way to a more enlightened approach--one that has been evolving ever since. While shedding important new light on the U.S. Constitution's "cruel and unusual punishments" clause, Bessler explores the influence of Cesare Beccaria's essay, On Crimes and Punishments, on the Founders' views, and the transformative properties of the Fourteenth Amendment, which made the Bill of Rights applicable to the states. After critiquing the U.S. Supreme Court's existing case law, this essential volume argues that America's death penalty--a vestige of a bygone era in which ear cropping and other gruesome corporal punishments were thought acceptable--should be declared unconstitutional. -- Publisher description

Record details

  • ISBN: 9781555537166 (cloth : alk. paper)
  • ISBN: 1555537162 (cloth : alk. paper)
  • ISBN: 9781555537173 (ebook)
  • ISBN: 1555537170 (ebook)
  • Physical Description: xiv, 456 p. ; 25 cm.
  • Publisher: Boston : Northeastern University Press, c2012.

Content descriptions

Bibliography, etc. Note:
Includes bibliographical references (p. 405-415) and index.
Formatted Contents Note:
In cold blood -- On crimes and punishments -- The abolitionists -- America's founding fathers -- The Eighth Amendment -- Capital punishment in America -- The road to abolition.
Subject: Capital punishment > United States.

Available copies

  • 1 of 1 copy available at Kirtland Community College.

Holds

  • 0 current holds with 1 total copy.
Show Only Available Copies
Location Call Number / Copy Notes Barcode Shelving Location Status Due Date
Kirtland Community College Library KF 9227 .C2 B477 2012 30775305442296 General Collection Available -

Syndetic Solutions - CHOICE_Magazine Review for ISBN Number 9781555537166
Cruel and Unusual : The American Death Penalty and the Founders' Eighth Amendment
Cruel and Unusual : The American Death Penalty and the Founders' Eighth Amendment
by Bessler, John D.
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CHOICE_Magazine Review

Cruel and Unusual : The American Death Penalty and the Founders' Eighth Amendment

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Copyright American Library Association, used with permission.

Bessler (Univ. of Baltimore Law School) offers a thought-provoking examination of the Eighth Amendment's prohibition of "cruel and unusual punishment" in the ongoing debate over the constitutionality of capital punishment. The author's conclusion is clear from the outset. Considering the debate in the light of "evolving standards of decency that mark the progress of a maturing society" (the Supreme Court's own standard for interpreting what constitutes "cruel and unusual" punishment), Bessler contends that state-mandated executions plainly do violate the Eighth Amendment. In support of that conclusion, he provides a meticulously documented exploration of many familiar lines of argument on both sides of the issue, including analysis of the framers' "original intent," principles of states' rights and federalism, racially discriminatory patterns in the imposition of capital punishment, and the irreversibility of execution weighed against the increasing numbers of revealed erroneous convictions. Obviously, no single volume can hope to resolve these and other layers of the debate, nor is Bessler's analysis likely to convince the death penalty's most ardent proponents. But as a starting point for reasoned discourse, this is a remarkably thorough, compelling achievement. Summing Up: Highly recommended. All readers and libraries. M. R. Scherer University of Nebraska-Omaha


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