Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty
By: Michael A. Foley (author)Hardback
Up to 2 WeeksUsually despatched within 2 weeks
Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all. Nearly 100 influential Supreme Court capital punishment-related cases from 1878-2002 are examined, beginning with Wilkerson v. Utah, which question not the legitimacy of capital punishment, but the methods of execution. Over time, focus shifted from the constitutionality of certain methods to the fairness of who was being sentenced for capital crimes-and why. The watershed 1972 ruling Furman v. Georgia reversed the Court's stand on capital punishment, holding that the arbitrary and capricious imposition of the death penalty is cruel and unusual punishment, and therefore unconstitutional.
Furman clarified that any new death penalty legislation must contain sentencing procedures that avoid the arbitrary infliction of a life-ending verdict, which led to the current complex tangle of issues surrounding the death penalty and its constitutional viability.
MICHAEL A. FOLEY is Full Professor and Chair of the Philosophy Department, Marywood University in Scranton, Pennsylvania. His primary academic interests are philosophical perspectives on constitutional issues.
Acknowledgments The Supreme Court and the Punishment Dilemma 1878-1971: Initial Forays into Cruel and Unusual Punishments Death Takes a Hiatus The Supreme Court Since Furman The Ongoing Constitutional Debate Reflections and Conclusions Endnotes Index Bibliography
Number Of Pages:
- ID: 9780275975876
- Saver Delivery: Yes
- 1st Class Delivery: Yes
- Courier Delivery: Yes
- Store Delivery: Yes
Prices are for internet purchases only. Prices and availability in WHSmith Stores may vary significantly
© Copyright 2013 - 2018 WHSmith and its suppliers.
WHSmith High Street Limited Greenbridge Road, Swindon, Wiltshire, United Kingdom, SN3 3LD, VAT GB238 5548 36