Imprisoned by the Past

Warren McCleskey, Race, and the American Death Penalty

Prof. Jeffrey L. Kirchmeier (Autor)

Buch | Softcover

450 Seiten

2016
Oxford University Press Inc (Verlag)
978-0-19-065300-2 (ISBN)

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Imprisoned by the Past: Warren McCleskey, Race, and the American Death Penalty connects the history of the American death penalty to the case of Warren McCleskey. By highlighting the relation between American history and an individual case, Imprisoned by the Past provides a unique understanding of the big picture of capital punishment in the context of a compelling human story.

McCleskey's criminal law case resulted in one of the most important Supreme Court cases in U.S. legal history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case marks the last that the Supreme Court realistically might have held that capital punishment violates the Eighth Amendment of the U.S. Constitution. As such, the constitutional law case also created a turning point in the death penalty debate in the country. The book connects McCleskey's case -- as well as his life and crime -- to the issues that have haunted the American death penalty debate since the first executions by early settlers and that still affect the legal system today.

Imprisoned by the Past ties together three unique American stories in U.S history. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.

Jeffrey L. Kirchmeier is a Professor of Law at City University of New York School of Law. He received his B.A. and J.D. degrees from Case Western Reserve University. Before joining the CUNY Law faculty, he was an Associate at Arnold & Porter in Washington, D.C., and he taught at Tulane School of Law and Arizona State University College of Law. For several years, he was a staff attorney at the Arizona Capital Representation Project. Prof. Kirchmeier is a member and former Chair of the Capital Punishment Committee of the New York City Bar Association, and has appeared before a New York Assembly joint committee regarding the reinstatement of the New York death penalty. He is the author of numerous law review articles on the subject of criminal procedure, constitutional law, and the death penalty.

Preface to the Paperback Edition
Preface
Introduction
Part A - Prologue
Prologue: America's Marietta

Part B - A Killing in Georgia
Chapter 1: A Death in Dixie
Chapter 2: The Trial of Warren McCleskey
Chapter 3: Offie Evans and McCleskey v. Zant

Part C - American Death Penalty History And the Courts
Chapter 4: The First Limits: The Early American Death Penalty through the 1850s
Chapter 5: Wars and Death Penalty Abolition: The Civil War Through Early 1900s
Chapter 6: A Time of Change: American Society and the Death Penalty 1950s through the 1960s
Chapter 7: Into the Courthouse: The 1970s Abolition Strategy
Chapter 8: A New Era: A New U.S. Death Penalty Returns in the Late 1970s
Chapter 9: Starting Over: Executions Resume in the 1970s and 1980s

Part D - Lynching, Race, and McCleskey v. Kemp
Chapter 10: Lynching and Race in America
Chapter 11: Race and the Courts
Chapter 12: Warren McCleskey and the Baldus Study
Chapter 13: The Supreme Court and McCleskey v Kemp

Part E - Execution
Chapter 14: Mitigation and Reform
Chapter 15: Warren McCleskey & the Electric Chair
Chapter 16: Other American Execution Methods

Part F - The Capital Punishment Debate Moves Outside the Courts after McCleskey
Chapter 17: The Unstoppable Death Penalty After McCleskey into the early 1990s
Chapter 18: New Abolitionist Voices in the 1990s
Chapter 19: Innocence and the American Death Penalty
Chapter 20: A Moratorium Movement Emerges in the 1990s

Part G - McCleskey's Legacy in the Early Twenty-First Century
Chapter 21: The Early Twenty-First Century Death Penalty in the Courts
Chapter 22: The Early Twenty-First Century Death Penalty in U.S. Politics
Chapter 23: Escaping from Imprisonment of the Past

Part H - Epilogue
Epilogue: Warren McCleskey's Case and the American Death Penalty Today

Erscheinungsdatum	23.11.2016
Verlagsort	New York
Sprache	englisch
Maße	155 x 231 mm
Gewicht	635 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Rechtsgeschichte
	Recht / Steuern ► Strafrecht ► Kriminologie
	Sozialwissenschaften ► Soziologie
ISBN-10	0-19-065300-0 / 0190653000
ISBN-13	978-0-19-065300-2 / 9780190653002
Zustand	Neuware