The Death Penalty

Joseph A. Melusky, PhD, is professor of political science at Saint Francis University (SFU), director of the SFU Center for the Study of Government and Law, and Coordinator of Public Administration/Government Service. Keith A. Pesto has been a magistrate judge for the U.S. District Court for the Western District of Pennsylvania since 1994.

Preface,
Acknowledgments,
1 Background and History,
Introduction,
The Death Penalty before It Was Capital Punishment,
How Did This History Affect Capital Punishment in the United States?,
So Why Does the Eighth Amendment Ban Cruel and Unusual Punishment?,
How Did the Ban on Cruel and Unusual Punishment Become Linked to the Death Penalty?,
Capital Punishment in the New Republic,
The Due Process Clause of the Fourteenth Amendment Changes the Bill of Rights,
So Does Due Process "Incorporate" a Ban on Cruel and Unusual Punishment?,
References,
2 Problems, Controversies, and Solutions,
Introduction,
What Is the Constitutional Status of Capital Punishment?,
The Supreme Court Expands "Cruel and Unusual" to Mean "Excessive,"
The Supreme Court Bans and Restarts Capital Punishment in Furman v. Georgia (1972) and Gregg v. Georgia (1976),
Is the Death Penalty Available for Any Crime Other Than First-Degree Murder?,
Is a Mandatory Death Penalty Ever Permissible?,
Guiding the Jury's Discretion,
Mitigation,
Age as a Mitigating Factor? Juveniles at the Supreme Court,
Juveniles and Other Crimes: Are They a Guide to Future Cases?,
Is First-Degree Murder Enough to Warrant the Death Penalty or Must There Be Aggravating Circumstances?,
What Aggravating Factors Are Permissible?,
Who Can Decide on the Death Penalty?,
What Defendants Are Incapable of Deserving the Death Penalty?,
How Can the Jury Be Selected?,
The Role of Statistics,
Victim Impact,
In the End, How Can Executions Be Carried Out?,
Life without Parole?,
Conclusion and "Last" Words,
References,
3 Perspectives,
Introduction,
Does the Death Penalty Deter Homicide? by Rudolph J. Gerber,
The Death Penalty Should Be Abolished—For Very Practical Reasons by Richard C. Dieter,
Capital Punishment Should Not Be Abolished in the United States by Brett R. Meltzer,
Retaining the Death Penalty: Sociopolitical Support by Kim MacInnis,
Gender and Capital Punishment by Elizabeth Rapaport,
Death Row Exonerations and Conviction Integrity by John Rago,
Capital Punishment and Public Confidence in the Criminal Justice System by Gov. Tom Corbett,
4 Profiles,
Introduction,
American Bar Association,
American Law Institute,
Antiterrorism and Effective Death Penalty Act of 1996,
Bedau, Hugo Adam (1926–2012),
Blackmun, Justice Harry A. (1908–1999),
Brennan, Justice William J. (1906–1997),
Breyer, Justice Stephen (1938– ),
Federal Death Penalty Act (1994),
Innocence Protection Act (2004),
Kasi, Mir Aimal (1964–2002),
Kennedy, Justice Anthony (1936– ),
NAACP Legal Defense and Educational Fund, Inc.,
O'Connor, Justice Sandra Day (1930– ),
Powell, Justice Lewis F. (1907–1998),
Prejean, Sister Helen (1939– ),
Rehnquist, Chief Justice William H. (1924–2005),
Roberts, Chief Justice John (1955– ),
Scalia, Justice Antonin (1936–2016),
Sellin, Thorsten (1896–1994),
Soering, Jens (1966– ),
Stevens, Justice John Paul (1920– ),
Tucker, Karla Faye (1959–1998),
Van Den Haag, Ernest (1914–2002),
Vickers, Robert Wayne ("Bonzai Bob") (1958–1999),
References,
5 Data and Documents,
Introduction,
Data,
Table 5.1. Number of U.S. Executions since Gregg v. Georgia (1976),
Race and the Death Penalty,
Table 5.2. Race of Executed Defendants,
Table 5.3. Race of Victims in Cases Resulting in Execution,
Table 5.4. Race of Death Row Inmates,
Table 5.5. Interracial Murders and Execution Rates,
Executions by State and Region,
Table 5.6. Number of Executions in States since 1976,
Table 5.7. Executions by Region since 1976,
Table 5.8. Murder Rates per 100,000,
Table 5.9. Methods Used for Executions since 1976,
Table 5.10. Opinions on the Death Penalty,
Documents,
Code of Hammurabi (ca. 1780 BCE),
The Bible, Book of Exodus (ca. 1300 BCE),
The Twelve Tables (ca. 450 BCE),
The Magna Carta (June 15, 1215),
The English Bill of Rights (1689),
The American Declaration of Independence (1776),
Ordinance of the Northwest Territory (1787),
Amendments to the U.S. Constitution,
Callins v. Collins (1994),
United Nations Resolution on the Use of the Death Penalty (December 20, 2012),
6 Resources,
Introduction,
General Information and Background,
Electronic Resources,
Organizations,
7 Chronology,
Introduction,
19th century,
20th century,
Glossary,
Index,
About the Authors,