Suchergebnisse

The goldfish bowl : the reach of the law -- Confrontational tactics : face-to-face confrontation and the criminal trial jury -- The nullifier : trial decisions -- Punishment -- The insanity defense and civil commitment -- Causing harm and guilty minds -- Prisms of justice and justification -- The death penalty -- Self-incrimination and bail -- The Fourth Amendment : privacy and unreasonable searches -- The First Amendment rights of minors ... and a few additional issues -- The truth about justice -- Consent, the criminal law, and end-of-life decisions -- Alcohol-related crimes and defenses; guilty pleas; and special needs -- Justice will be served

The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, Questioning Capital Punishment offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and normative perspectives about death penalty policies and practices. This book is ideal for upper-level undergraduate and

The Supreme Court early took note of extralegal, "social science" materials in Muller v. Oregon (1908), and a half‐century later made specific reference to social science authorities in the famous footnote 11 of Brown v. Board of Education (1954). Since Brown, much has been written about the Supreme Court's use of social science research evidence, but there has been little systematic study of that use. Those writing on the subject commonly focus on areas of law such as jury size, where social science has been used, and have generally assumed that social science information has been utilized in Supreme Court decisions with increasing regularity. Surprisingly little is known, however, about either the justices' baseline use of social science authorities, or many other aspects of their uses of social science information. The focus here is on the citation of social science research evidence in a sample of 240 criminal cases decided during the 30 years between the Supreme Court's 1958 and 1987 Terms. The resulting portrait contributes to a fuller understanding of the justices' use of social science materials, and may ultimately help promote more effective utilization of social science research evidence in Supreme Court decisions.

Introduction / James R. Acker, David R. Karp -- pt. I: Personal accounts: the experiences of co-victims of murder, other crime victims, and victim advocates. Matters of life or death / Charisse Coleman -- Feelings from the heart / Dan Levey -- A tiger by the tail : the mother of a murder victim grapples with the death penalty / Linda L. White -- The death sentence : for criminals or victims? / Shane Wagner -- Building a bridge / David Kaczynski, Gary Wright -- Accidental death is fate, murder is pure evil / Stanley and Phyllis Rosenbluth -- Finding hope : one family's journey / Roberta Roper -- My journey and the riddle / Marsha Kimble -- pt. II: Legal perspectives. Causing death and sustaining life : the law, capital punishment, and criminal homicide victims' survivors / James R. Acker, Jeanna Marie Mastrocinque -- Victims, survivors, and the decisions to seek and impose death / Wayne A. Logan -- Extinguishing the victims' Payne or acquiescing to the "demon of error" : confronting the role of victims in capital clemency proceedings / Charles S. Lanier, Beau Breslin -- Putting a square peg in a round hole : victims, retribution, and George Ryan's clemency / Austin Sarat -- pt. III: Research perspectives. The death penalty and the families of victims : an overview of research issues / Margaret Vandiver -- Secondary victimization among families of homicide victims : the impact of the justice process on co-victims' psychological adjustment and service utilization / Mark D. Reed, Brenda Sims Blackwell -- Their day in court : the role of murder victims' families in capital juror decision making / David R. Karp, Jarrett B. Warshaw -- Victim characteristics and victim impact evidence in South Carolina capital cases / Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells -- Is restitution possible for murder? : surviving family members speak / Judith W. Kay -- Facilitated dialogue on death row : family members of murder victims and inmates share their experiences / Mark S. Umbreit, Betty Vos, Robert B. Coates, Katherine A. Brown -- pt. IV: Policy implications: capital punishment, criminal justice practices, and victim services. Reaching out to the other side : defense-based victim outreach in capital cases / Tammy Krause -- Learning from homicide co-victims : a university-based project / Michael L. Radelet, Dawn Stanley -- The process of healing and the trial as product : incompatibility, courts, and murder victim family members / Peter Loge -- The impact of the death penalty on crime victims and those who serve them / Carroll Ann Ellis, Karin Ho, Anne Seymour

"The contributors to this book provide insights into the multiple and layered dimensions of death row confinement. Multiple audiences will find something of value in the varied chapter offerings. Mental health professionals will gain greater familiarity with the conditions confronting prisoners under sentence of death. Corrections officials will learn more about research that has focused on the institutional behavior of prisoners under sentence of death. Members of the legal community--lawyers and judges--and policy advocates will benefit from the insights provided by mental health professionals, corrections personnel, and other chapter authors. The book is organized into four parts comprising 12 chapters. Part I provides an introductory survey of the physical environment and the political and legal landscape of death row, as well as of the treatment of death row inmates. Part II explores constitutional questions that arise in challenges to death row and to the treatment of death-sentenced inmates, as well as the legitimacy and wisdom of the policies that segregate those inmates from others and subject them to long-term solitary confinement. Part III addresses the question, how can a person who has been locked away for extended periods of time under the most adverse possible conditions go about mitigating the pain, ameliorating the stress, and transcending the limited opportunity structure of his stultifying environment? Part IV features the perspectives of individuals who spent years in prison under sentence of death before justice system officials acknowledged their wrongful conviction for capital murder and released them from custody to reenter free society."--Preface (PsycINFO Database Record (c) 2018 APA, all rights reserved).

Wrongful convictions: introduction and overview -- Criminal justice and wrongful convictions in social context -- Eyewitness identification -- False confessions -- Unreliable and false guilty pleas -- Forensic science evidence -- Incentivized informants and snitches -- Government actors: police and prosecutors -- Defense attorneys -- No-crime cases -- Detecting and correcting miscarriages of justice -- The aftermath of wrongful convictions: reintegration and compensation -- Actual perpetrators: public safety and monetary considerations -- Wrongful convictions: continuing and future challenges.