INDEX



Document(s)

Crossing the line: Rape-murder and the death penalty

By Phyllis L. Crocker / Ohio Northern Law Review 26(3), 689-723., on 1 January 2000


2000

Article

United States


More details See the document

When a woman is raped and then murdered, it is among the most horrifying of crimes. It is also, often, among the most sensational, notorious, and galvanizing of cases. In 1964, Kitty Genovese was raped and murdered in Queens, New York. Her murder sparked soul-searching across the country because her neighbors heard her cries for help and did not respond: it made us question whether we had become an uncaring people. During the 1970s and 80s a number of serial killers raped and murdered their victims: including Ted Bundy in Florida and William George Bonin, the “Freeway Killer,” in Southern California. In the 1990s, the sexual assault-murder of seven- year-old Megan Kanka in New Jersey contributed to a firestorm of states passing sex offender notification statutes. Rolando Cruz was released from Illinois death row in 1995, after serving eleven years for a crime he did not commit: the rape and murder of ten-year-old Jeanine Nicarico. The crime itself sent shock waves through the Chicago metropolitan area and pressure to quickly solve it contributed to Cruz’s arrest and conviction. In each instance the rape- murder terrified us and made us want to impose the severest of punishments. This explores the crime and punishment of those convicted of committed rape .murder

  • Document type Article
  • Countries list United States
  • Themes list Networks,

Document(s)

Executing the Innocent: the Next Step in the Marshall Hypotheses

By Eric G. Lambert / Alen W. Clarke / New York University (NYU) / Laurie Anne Whitt, on 1 January 2000


Article

United States


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The study results indicate that when test subjects, many of whom are likely retributivists, are presented with information about the problem of innocence, the drop in support for capital punishment spans all points on the Likert scale. Our study suggests that more rigorous testing may demonstrate that an individual’s knowledge of the “innocence problem” can generate more profond changes in attitudes toward the death penalty than indicted by previous studies of the marshall Hypotheses.

  • Document type Article
  • Countries list United States
  • Themes list Public opinion, Innocence,

Document(s)

Transcript of Speech on Religion’s Role in the Administration of the Death Penalty

By Pat Robertson / William & Mary Bill of Rights Journal 9(1), 215-222, on 1 January 2000


Article

United States


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About fifteen years ago, I was in the maximum-security prison in Raiford, Florida, and after I had spoken to the inmates, and had several interviews for our television program, I was permitted to go back into death row. It was a very sobering sight because the electric chair was just down the hall from where I was, and you could see that rather grim room. There were two men that they had asked me to talk to. One was a young man, in his mid-twenties who had been a contract killer for organized crime. He had dispatched at least twenty people to the next world as a cold-blooded killer. He was there on death row awaiting execution. The other man was a rather simple soul who had discovered his wife having an affair with another man, at least that’s my understanding, and in a fit of rage, he killed her. In the subsequent trial, he had received the death penalty for his action. Both of these men had had profound religious conversions. I know the difference between somejailhouse conversions-and there are plenty of them out there-and something that’s sincere from the heart. Both of these men, in my opinion, had been spiritually transformed.

  • Document type Article
  • Countries list United States
  • Themes list Religion ,

Document(s)

When the Wall has Fallen: Decades of Failure in the Supervision of Capital Juries

By Jose Felipe Anderson / Ohio Northern University Law Review, on 1 January 2000


Article

United States


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Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have long criticized juries for administering punishment.

  • Document type Article
  • Countries list United States
  • Themes list Fair Trial,

Document(s)

Murderers’ Relatives: Managing Stigma, Negotiating Identity

By Hazel May / Journal of Contemporary Ethnography, on 1 January 2000


Article

United States


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Drawing on in-depth interviews with the relatives of convicted murderers, this article interrogates the concept of stigma through an everyday notion of familial toxicity and commonsense understandings of murder. Identifying moments of stigmatizing strain, the article examines moments of opportunity for managing stigma through three metatactics: management of space, information, and self-presentation. However, due to the problems in carrying out sensitive research with a hidden population, there are limits to how far arguments made can be generalized. Therefore, the article concludes by raising questions for future research.

  • Document type Article
  • Countries list United States
  • Themes list Murder Victims' Families,

Document(s)

Tessie Hutchinson and the American System of Capital Punishment

By Earl F. Martin / Maryland Law Review, on 1 January 2000


Article

United States


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The story focuses on Tessie Hutchinson, who was selected by the communal lottery for execution; her only sin was to live in a village that had the tradition of stoning one of its inhabitants each year. This paper suggests some ways that the life of America’s death penalty mirrors the art of “The Lottery.” The author comments on the “masking of evil,” the execution of the innocent, the arbitrariness in selecting those who die, the search for justification, and the brutality of the death penalty. In “The Lottery,” the tradition of the stoning was so embedded in tradition and its administration was so formal and precise that the ultimate outcome of the tradition, the killing of a fellow human being, was sanitized and unexamined. In America, the net effect of the bureaucratization of executions is to give those who implement them and those who receive reports of them a sense of sterility and mundaneness that should never accompany the state’s killing of its own. Although proponents of capital punishment in America argue that the chances that an innocent person will be executed are slim, history shows that it has occurred. It was no comfort to Tessie Hutchinson that she was to be the only member of her village to be stoned that year. So it is no comfort to the innocent who are executed that each is only one of a small number of innocent people who have been killed by the state. The arbitrariness of the lottery in selecting who will be executed may not be so obvious in the selection of those who will be killed by the state in America. Still, random and arbitrary circumstances impact who is selected to be executed, circumstances such as the race and wealth of the defendant, the race of the victim, the quality of the defense counsel, the particular trial judge, and the State in which the crime occurs. Although there is no unequivocal evidence that the death penalty achieves some monumentally positive benefit for American society, support for it by the community persists, along with its brutality and cruelty. It is difficult to avoid the conclusion that a “thinly veiled cruelty keeps the custom alive.”

  • Document type Article
  • Countries list United States
  • Themes list Networks,

Document(s)

Retribution and Redemption in the Operation of Executive Clemency

By Elizabeth Rapaport / Chicago Kent Law Review, on 1 January 2000


Article

United States


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In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the “redemptive” perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.

  • Document type Article
  • Countries list United States
  • Themes list Retribution, Clemency,

Document(s)

Religious Conservatives and the Death Penalty

By Thomas C. Berg / William & Mary Bill of Rights Journal 9(1), 31-60, on 1 January 2000


Article

United States


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In this Essay, Professor Thomas C. Berg examines how religious conservatives, especially Roman Catholics and evangelical Protestants, have dealt with the recent concerns over the death penalty. Part I of the Essay documents how Roman Catholics and evangelical Protestants traditionally approach the death penalty.Part II analyzes the particular theological arguments and practical concerns that will be most effective in persuading religious conservatives to oppose the death penalty.

  • Document type Article
  • Countries list United States
  • Themes list Religion ,

Document(s)

Equality of the Damned: The Execution of Women on the Cusp of the 21st Century

By Elizabeth Rapaport / Ohio Northern Law Review 26(3), 581-600, on 1 January 2000


Article

United States


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This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker. The execution of Karla Faye Tucker in 1998, the second of the four women to be executed, occured in hte midst of relentless publicity. The Tucker execution revived interest in gender equity in the administration of capital punishment.

  • Document type Article
  • Countries list United States
  • Themes list Women,

Document(s)

Capital Punishment As Human Sacrifice: A Societal Ritual as Depicted in George Elliot’s Adam Bede

By Roberta M. Harding / Buffalo Law Review 48, 175-248, on 1 January 2000


Article

United States


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The ritual slaughter of humans for sacrificial purposes has an ancient provenance. Few members of modern society would be inclined to believe that killing humans for sacrificial purposes continues. Of those, most probably envision it only being practiced by individuals who belong to “uncivilized,” or non-“First-World” cultures. Upon closer scrutiny, however, it becomes apparent that this is a misconception because the past and present practice of capital punishment includes a thinly disguised manifestation of the ritualized killing of people, otherwise known as human sacrifice. The purpose of this article is to identify, describe, and analyze the historic and contemporary connection between the practices of capital punishment and human sacrifice. After describing how human sacrifice constitutes an integral component of capital punishment, it will be argued that the institutionalization of this antiquated barbaric ritual, vis-a-vis the use of capital punishment, renders the present use of the death penalty in the United States incompatible with “the evolving standards of decency that mark the progress of a maturing society”; and that consequently, this facet of capital punishment renders the penalty at odds with the Eighth Amendment’s prohibition against the infliction of “cruel and unusual” punishments.

  • Document type Article
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment,