The Concept Of Cruel And Unusual Punishment

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The Concept Of Cruel And Unusual Punishment

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Author : Larry Charles Berkson
language : en
Publisher:
Release Date : 1975

The Concept Of Cruel And Unusual Punishment written by Larry Charles Berkson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with Law categories.

Cruel And Unusual

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Author : Michael Meltsner
language : en
Publisher: Quid Pro Books
Release Date : 2011-07-23

Cruel And Unusual written by Michael Meltsner and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-23 with Law categories.

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.

Retribution Justice And Therapy

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Author : J.G. Murphy
language : en
Publisher: Springer Science & Business Media
Release Date : 1979-07-31

Retribution Justice And Therapy written by J.G. Murphy and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979-07-31 with Law categories.

One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of

Cruel And Unusual Punishment

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Author : Sanaz Alasti
language : en
Publisher:
Release Date : 2009

Cruel And Unusual Punishment written by Sanaz Alasti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Capital punishment categories.

Cruel and unusual punishment is one of the most contentious issues in modern times. The condemnation of cruel and unusual punishment is universal. But, what exactly is cruel and unusual punishment? In national and international law the definition of what constitutes cruel and unusual punishment is highly subjective. Almost all countries prohibit inhuman punishments. Countries vary in the extent to which they legally permit what would commonly be considered cruel and degrading punishment or treatment. Most countries absolutely prohibit any form of torture. This book examines which kinds of punishments constitute cruel and unusual, whether these punishments are inherently cruel and unusual, excessive, disproportionate, or unnecessary to society, or inflicted arbitrary. The primary aim of this book is to demonstrate that harshness in the law of punishment such as corporal punishment, long sentences of imprisonment and harshness in the inflexibility of punishment, contradicts with the universal declaration of human rights, and every other law concerning this matter. Another aim of this book is to use a comparative historical approach in illustrating the similarities and differences in cruel and unusual punishments over time and place. In order to achieve this aim, the current practices of harsh punishments in both Iran and United States have been critically reviewed. Through this comparative historical perspective, the reader can gain appreciation of the western and Islamic nature of these punishment practices. About the author: Sanaz Alasti received a S.J.D. (Scientiae Juridicae Doctor) from Golden Gate University School of Law, San Francisco, CA; after obtaining LL.M from Tehran University, and her LL.B with Honors in Tehran, Iran. Dr. Alasti has experience in both criminal justice system of United States and Iran. She has written numerous books and articles on various aspects of Comparative Criminal Justice & Penology. Her most recent books are "Pioneer Criminologists" & "Criminal law and Criminology Dictionary". She has been active in death penalty projects challenging the unfairness and arbitrariness of capital punishment and currently working on: "Teaching Abolition" a project proposing death penalty curriculum to stimulate broader exploration and discussion of capital punishment topics in law schools.

Cruel Unusual

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Author : John D. Bessler
language : en
Publisher: UPNE
Release Date : 2012

Cruel Unusual written by John D. Bessler and has been published by UPNE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Social Science categories.

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

Preventing Cruel And Unusual Punishment

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Author : Hallie Murray
language : en
Publisher: Enslow Publishing, LLC
Release Date : 2017-07-15

Preventing Cruel And Unusual Punishment written by Hallie Murray and has been published by Enslow Publishing, LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-15 with Juvenile Nonfiction categories.

The Founding Fathers created the Eighth Amendment to protect the people from the kind of abuse they had seen while the colonies were under British rule. But to this day, Americans continue to argue about what exactly “cruel and unusual,” “excessive bail,” and “excessive fines” mean. Through full-color and black-and-white photos, engaging text, and primary sources, students will examine the events leading up to the Eighth Amendment’s creation, how it has been defined throughout the centuries, and how it is interpreted today. In addition, informative sidebars and a further reading section with books and websites encourage students to explore the people and events of this time in history in more depth.

The Story Of Cruel And Unusual

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Author : Colin Dayan
language : en
Publisher: MIT Press
Release Date : 2024-04-30

The Story Of Cruel And Unusual written by Colin Dayan and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-30 with Political Science categories.

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.

The Eighth Amendment

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Author : Greg Roza
language : en
Publisher: The Rosen Publishing Group, Inc
Release Date : 2011-01-15

The Eighth Amendment written by Greg Roza and has been published by The Rosen Publishing Group, Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-15 with Juvenile Nonfiction categories.

This book is an introduction to the Eighth Amendment which empowers the people as it guarantees protection of basic rights of citizens accused of a crime.

No Cruel Or Unusual Punishment

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Author : David Machajewski
language : en
Publisher: The Rosen Publishing Group, Inc
Release Date : 2018-12-15

No Cruel Or Unusual Punishment written by David Machajewski and has been published by The Rosen Publishing Group, Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-15 with Juvenile Nonfiction categories.

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.

What Is Cruel And Unusual Punishment

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Author : Kathleen A. Klatte
language : en
Publisher:
Release Date : 2023

What Is Cruel And Unusual Punishment written by Kathleen A. Klatte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Capital punishment categories.

"The Eighth Amendment of the U.S. Constitution's Bill of Rights prohibits the use of "cruel and unusual punishment." That phrase was written at a time when burning and beheading were still acceptable legal punishments in some places. Much has changed in America in two centuries. This easily accessible guide examines the context that inspired the Founding Fathers to include this phrase, as well as the concept of "evolving standards of decency." Interesting, thought provoking, and age appropriate, this title engages readers' minds while emphasizing the effect of the Constitution on daily life"--