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The Story of Cruel and Unusual

The Story of Cruel and Unusual
Author: Colin Dayan
Publisher: MIT Press
Total Pages: 129
Release: 2024-04-30
Genre: Political Science
ISBN: 0262551969

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A searing indictment of the American penal system that finds the roots of the recent prisoner abuse at Abu Ghraib and Guantánamo in the steady dismantling of the Eighth Amendment's prohibition of "cruel and unusual" punishment. The revelations of prisoner abuse and torture at Abu Ghraib and more recently at Guantánamo were shocking to most Americans. And those who condemned the treatment of prisoners abroad have focused on U.S. military procedures and abuses of executive powers in the war on terror, or, more specifically, on the now-famous White House legal counsel memos on the acceptable limits of torture. But in The Story of Cruel and Unusual, Colin Dayan argues that anyone who has followed U.S. Supreme Court decisions regarding the Eighth Amendment prohibition of "cruel and unusual" punishment would recognize the prisoners' treatment at Abu Ghraib and Guantánamo as a natural extension of the language of our courts and practices in U.S. prisons. In fact, it was no coincidence that White House legal counsel referred to a series of Supreme Court decisions in the 1980s and 1990s in making its case for torture.Dayan traces the roots of "acceptable" torture to slave codes of the nineteenth century that deeply embedded the dehumanization of the incarcerated in our legal system. Although the Eighth Amendment was interpreted generously during the prisoners' rights movement of the late 1960s and 1970s, this period of judicial concern was an anomaly. Over the last thirty years, Supreme Court decisions have once again dismantled Eighth Amendment protections and rendered such words as "cruel" and "inhuman" meaningless when applied to conditions of confinement and treatment during detention. Prisoners' actual pain and suffering have been explained away in a rhetorical haze—with rationalizations, for example, that measure cruelty not by the pain or suffering inflicted, but by the intent of the person who inflicted it. The Story of Cruel and Unusual is a stunningly original work of legal scholarship, and a searing indictment of the U.S. penal system.


Cruel and Unusual

Cruel and Unusual
Author: Patricia Cornwell
Publisher: Simon and Schuster
Total Pages: 285
Release: 2009-12-01
Genre: Fiction
ISBN: 1439187533

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“A knockout” (People) of a thriller from #1 New York Times bestselling author Patricia Cornwell featuring medical examiner Kay Scarpetta. “Killing me won’t kill the beast” are the last words of rapist-murderer Ronnie Joe Waddell, written four days before his execution. But they can’t explain how medical examiner Dr. Kay Scarpetta finds Waddell’s fingerprints on another crime scene—after she’d performed his autopsy. If this is some sort of game, Scarpetta seems to be the target. And if the next victim is someone she knows, the punishment will be cruel and unusual...


Cruel and Unusual

Cruel and Unusual
Author: Anne-Marie Cusac
Publisher: Yale University Press
Total Pages: 333
Release: 2009-03-17
Genre: History
ISBN: 0300155492

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The statistics are startling. Since 1973, America’s imprisonment rate has multiplied over five times to become the highest in the world. More than two million inmates reside in state and federal prisons. What does this say about our attitudes toward criminals and punishment? What does it say about us? This book explores the cultural evolution of punishment practices in the United States. Anne-Marie Cusac first looks at punishment in the nation’s early days, when Americans repudiated Old World cruelty toward criminals and emphasized rehabilitation over retribution. This attitude persisted for some 200 years, but in recent decades we have abandoned it, Cusac shows. She discusses the dramatic rise in the use of torture and restraint, corporal and capital punishment, and punitive physical pain. And she links this new climate of punishment to shifts in other aspects of American culture, including changes in dominant religious beliefs, child-rearing practices, politics, television shows, movies, and more. America now punishes harder and longer and with methods we would have rejected as cruel and unusual not long ago. These changes are profound, their impact affects all our lives, and we have yet to understand the full consequences.


Cruel and Unusual

Cruel and Unusual
Author: Michael Meltsner
Publisher: Quid Pro Books
Total Pages: 326
Release: 2011-07-23
Genre: Law
ISBN: 1610270975

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The true and gripping account of the nine-year struggle by a small band of lawyers to abolish the death penalty in the United States. Its new edition features a 2011 Foreword by death-penalty author Evan Mandery of CUNY's John Jay College of Criminal Justice, as well as a new Preface by the author.The mission, plotted out over lunch in New York's Central Park in the early 1960s, seemed as impossible as going to the moon: abolish capital punishment in every state. The approach would fight on multiple fronts, with multiple strategies. The people would be dedicated, bright, unsure, unpopular, and fascinating. This is their story: not only the cases and the arguments before courts, the death row inmates and their victims, the judges and politicians urging law and order, this is the true account of the real-life lawyers from the inside. The United States indeed went to the moon, and a few years later the U.S. Supreme Court ruled the death penalty unconstitutional. The victory was long-sought and sweet, and the pages of this book vividly let the reader live the struggle and the victory. And while the abolition eventually became as impermanent as the nation's presence on the moon, these dedicated attorneys certainly made a difference. This is their tale.As Evan Mandery writes in his new Foreword, "In these pages, Meltsner lays bare every aspect of his and his colleaguesi thinking. You will read how they handicapped their chances, which arguments they thought would work (you may be surprised), and what they thought of the Supreme Court justices who would decide the crucial cases. You will come to understand what they perceived to be the basis for support for the death penalty, and, with Meltsner's unflinching honesty, what they perceived to be the inconsistencies in their position."Mandery concludes: "It is my odd lot in life to have read almost every major book ever written about the death penalty in America. This is the best and the most important. Every serious scholar who wants to advance an argument about capital punishment in the United States--whether it is abolitionist or in favor of the death penalty, or merely a tactical assessment--cites this book. It is open and supremely accessible." And the author's "constitutional vision was years ahead of its time. His book is timeless." Part of the Legal History and Biography Series from Quid Pro Books, the new ebook editions feature embedded pagination from previous editions (consistent with the new paperback edition as well, allowing continuity in all formats), active TOC and endnotes, and quality digital formatting.


Cruel & Unusual

Cruel & Unusual
Author: John D. Bessler
Publisher: UPNE
Total Pages: 474
Release: 2012
Genre: Social Science
ISBN: 1555537170

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This indispensable history of the Eighth Amendment and the founders' views of capital punishment is also a passionate call for the abolition of the death penalty based on the notion of cruel and unusual punishment


No Cruel or Unusual Punishment

No Cruel or Unusual Punishment
Author: David Machajewski
Publisher: The Rosen Publishing Group, Inc
Total Pages: 32
Release: 2018-12-15
Genre: Juvenile Nonfiction
ISBN: 1538343118

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When the U.S. Constitution was ratified in 1788, it had a major flaw: it failed to acknowledge individual rights. Early Americans were not pleased. They didn't believe their new government was respecting their freedoms. Thus, the Bill of Rights was created. Readers will explore the history, significance, and controversy surrounding the Eighth Amendment to the U.S. Constitution, which prohibits cruel or unusual punishment. Primary sources, sidebars, and compelling stories, demonstrate how the amendment protects, and potentially harms, criminals. Historic and present-day examples of long-standing debates about the amendment's controversial "cruel and unusual" clause further illustrate the amendment's importance.


Unusually Cruel

Unusually Cruel
Author: Marc Morjé Howard
Publisher: Oxford University Press
Total Pages: 297
Release: 2017
Genre: Political Science
ISBN: 0190659343

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The United States incarcerates far more people than any other country in the world, at rates 7-10 times higher than other liberal democracies. Indeed, while the US holds only about 5 percent of the world's population, it contains nearly 25 percent of its prisoners. At every stage of thecriminal justice process - including plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the US has harsher and more punitive practices than other comparable countries. Media headlines allude to the "radically humane" prisons of Europe, sometimes presentingthem as too soft on crime. But when lower rates of incarceration and better prison conditions often correlate with lower costs, increased public safety, and more successful rehabilitation, why do prisons in the US remain so punitive?In Unusually Cruel, Marc Morje Howard argues that the United States' prison system is exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis thatshows just how far the US prison system lies outside of the norm of established democracies. The book compares the US to other advanced industrialized democracies, with particular focus on the three comparative cases of France, Germany, and the United Kingdom.Although Unusually Cruel paints a grim picture of the American system, it also provides a hopeful message. Howard identifies practical and proven solutions from other countries that are less punitive and more productive, as well as models that could help the US get out of its criminal justicequagmire.


Freedom from Cruel and Unusual Punishment

Freedom from Cruel and Unusual Punishment
Author: Kristin O'Donnell Tubb
Publisher: Greenhaven Publishing
Total Pages: 152
Release: 2005
Genre: Law
ISBN: 9780737719253

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Presents the history of the Bill of Rights and examines the events that led to their formation including the Articles of Confederation and Constitution as well as a detailed explanation of those rights and other important amendments to the Constitution.


The Eighth Amendment and Its Future in a New Age of Punishment

The Eighth Amendment and Its Future in a New Age of Punishment
Author: Meghan J. Ryan
Publisher: Cambridge University Press
Total Pages: 339
Release: 2020-06-11
Genre: Law
ISBN: 1108580289

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This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.


Let the Lord Sort Them

Let the Lord Sort Them
Author: Maurice Chammah
Publisher: Crown
Total Pages: 369
Release: 2022-01-18
Genre: Law
ISBN: 1524760285

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NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.