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Beyond repair? : America's death penalty PDF

256 Pages·2003·1.05 MB·English
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Beyond Repair? Constitutional Conflicts A Series with the Institute of Bill of Rights Law at The College of William and Mary Series Editors: Neal Devins and Mark Graber BEYOND REPAIR? America’s Death Penalty Edited by Stephen P. Garvey DUKE UNIVERSITY PRESS Durham and London 2003 ∫ 2003 Duke University Press All rights reserved Printed in the United States of America on acid-free paper $ Typeset in Trump Mediaeval by Keystone Typesetting, Inc. Library of Congress Cataloging-in-Publication data appear on the last printed page of this book. For Carolyn CONTENTS Acknowledgments ix Introduction Stephen P. Garvey 1 1:Second Thoughts: Americans’ Views on the Death 7 Penalty at the Turn of the Century Samuel R. Gross & Phoebe C. Ellsworth 2:Capital Punishment, Federal Courts, 58 and the Writ of Habeas Corpus Larry W. Yackle 3:‘‘Until I Can Be Sure’’: How the Threat of Executing the 94 Innocent Has Transformed the Death Penalty Debate Ken Armstrong & Steve Mills 4:Race and Capital Punishment Sheri Lynn Johnson 121 5:Lessons from the Capital Jury Project 144 John H. Blume, Theodore Eisenberg, & Stephen P. Garvey 6:International Law and the Abolition 178 of the Death Penalty William A. Schabas Postscript: The Peculiar Present of American 212 Capital Punishment Franklin E. Zimring Contributors 231 Index 233 ACKNOWLEDGMENTS I’d like to thank my colleagues in the Cornell Death Penalty Project for the work they do and for their friendship, the con- tibutors to this volume for their scholarship, and two of my former students, Robert B. Black (Cornell ’01) and Jonathan N. Francis (Cornell ’02), both of whom provided service above and beyond the call. I’d also like to thank Valerie Millholland, the editor at Duke who shepherded the book through the pub- lication process, and Neal Devins, the general editor of the series in which the book appears, for his insight, advice, and encouragement along the way. Finally, I’d like to thank my wife, for everything.

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