scholarly journals ZAGADNIENIE KARY ŚMIERCI W STANACh ZJEDNOCZONYCH AMERYKI

2016 ◽  
Vol 12 (3) ◽  
pp. 115
Author(s):  
Wojciech Kwiatkowski

THE ISSUE OF CAPITAL PUNISHMENT IN THE UNITED STATES Summary This article describes the issue of capital punishment in the United States, including the history of the death penalty as administered in the USA and the main court rulings on this matter (e.g. the definition of categories of exemption or restrictions on the methods or conditions of execution). The article also describes numerous efforts (mostly on the grounds of court rulings) to improve the quality of legal representation and enhance the fairness of capital trials and appeals for defendants facing the death penalty. The article concludes with statistics which show that states with capital punishment on the statute book do not generally have lower murder or crime rates and that since 1973 138 persons sentenced to death have been acquitted in outcome of the discovery and proof of miscarriage of justice.

2020 ◽  
Vol 3 (1) ◽  
pp. 299-315
Author(s):  
Carol S. Steiker ◽  
Jordan M. Steiker

This review addresses four key issues in the modern (post-1976) era of capital punishment in the United States. First, why has the United States retained the death penalty when all its peer countries (all other developed Western democracies) have abolished it? Second, how should we understand the role of race in shaping the distinctive path of capital punishment in the United States, given our country's history of race-based slavery and slavery's intractable legacy of discrimination? Third, what is the significance of the sudden and profound withering of the practice of capital punishment in the past two decades? And, finally, what would abolition of the death penalty in the United States (should it ever occur) mean for the larger criminal justice system?


2004 ◽  
Vol 65 (3) ◽  
Author(s):  
Sandra Schultz Newman ◽  
Eric Rayz ◽  
Scott Eric Friedman

The birthplace of the American republic—the Commonwealth of Pennsylvania—has historically been at the forefront of the capital punishment legislation in the United States. It was the first colony in the Union to abolish the death penalty for all crimes with the exception of murder. It was the first to set forth a statutory distinction between different degrees of criminal homicide, confining imposition of capital punishment to the most chilling form of this crime—“willful, deliberate, and premeditated killing.” With this storied history in mind, we have undertaken the task of examining the current state of the death penalty in the Commonwealth. Hence, in Part II of this Article, we set forth a detailed history of the capital sentencing scheme in Pennsylvania. Part III undertakes a statistical study of the imposition of the death penalty in the Commonwealth from 1978 until 1997. In Part IV, we conclude by summing up our general observations.


2014 ◽  
Vol 32 (3) ◽  
pp. 575-609 ◽  
Author(s):  
James M. Donovan

Academics have traditionally associated capital punishment most closely with authoritarian regimes. They have assumed an incompatibility between the death penalty and the presumably humane values of modern liberal democracy. However, recent scholarship on the United States by David Garland has suggested that a considerable degree of direct democratic control over a justice system actually tends to favor the retention and application of the death penalty. The reason why the United States has retained capital punishment after it has been abolished in other Western nations is not because public opinion is more supportive of the death penalty in America than in Europe or in Canada. Rather, it is because popular control over the justice system is greater in the United States than in other countries and this strengthens the influence of America's retentionist majority. However, the experience of the United States in this regard has not been unique. The same link between democratic control and retention of the death penalty can be seen in the history of the effort to abolish capital punishment in France. In 1908, a bill in the Chamber of Deputies (the lower house of the French Parliament) to abolish capital punishment was defeated, in large part because of strong opposition from the public. In 1981, majority public opinion in France still favored retention of the death penalty, but in that year, the nation's Parliament defied popular sentiment and outlawed the ultimate punishment. Historians have so far provided little insight into why abolition succeeded in 1981 when it failed in 1908. The explanation for the different outcome appears to have been the greater degree of influence public opinion exerted over the nation's justice system at the turn of the twentieth century than at its end.


Author(s):  
Peggy Kamuf

This book pursues Derrida’s assertion, in The Death Penalty, Volume I, that “the modern history of the institution named literature in Europe over the last three or four centuries is contemporary with and indissociable from a contestation of the death penalty.” The main question this book poses is: How does literature contest the death penalty today, particularly in the United States where it remains the last of its kind, a Christian-inspired death penalty in what professes to be a democracy? What resources do fiction, narrative, and poetic language supply in the age of the remains of the death penalty? These are among the questions that guide the analyses of four literary works, each a depiction or an account of an execution, in the search for deconstructive leverage on the concepts that prop up capital punishment. Different pertinent features are isolated in these texts: the “mysteries” of literary or poetic witness; the publicness of punishment in an era of secrecy around the death penalty; the undecidable difference between death by capital punishment and by suicide—a difference that Kant enforces and that Derrida contests; and even the collapse of the distinction between the sovereign powers to put to death and to pardon, a possibility that is shown up by a poetic work when, performatively, it “plays the law.” In relation to the death penalties they represent, these literary survivals may be seen as the ashes or remains of the phantasm that the death penalty has always been, the phantasm of calculating and thus ending finitude.


Author(s):  
Annelise Heinz

Mahjong: A Chinese Game and the Making of Modern American Culture illustrates how the spaces between tiles and the moments between games have fostered distinct social cultures in the United States. When this mass-produced game crossed the Pacific it created waves of popularity over the twentieth century. Mahjong narrates the history of this game to show how it has created a variety of meanings, among them American modernity, Chinese American heritage, and Jewish American women’s culture. As it traveled from China to the United States and caught on with Hollywood starlets, high society, middle-class housewives, and immigrants alike, mahjong became a quintessentially American pastime. This book also reveals the ways in which women leveraged a game for a variety of economic and cultural purposes, including entrepreneurship, self-expression, philanthropy, and ethnic community building. One result was the forging of friendships within mahjong groups that lasted decades. This study unfolds in two parts. The first half is focused on mahjong’s history as related to consumerism, with a close examination of its economic and cultural origins. The second half explores how mahjong interwove with the experiences of racial inclusion and exclusion in the evolving definition of what it means to be American. Mahjong players, promoters, entrepreneurs, and critics tell a broad story of American modernity. The apparent contradictions of the game—as both American and foreign, modern and supposedly ancient, domestic and disruptive of domesticity—reveal the tensions that lie at the heart of modern American culture.


1969 ◽  
Vol 15 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Walter C. Reckless

Undoubtedly the most important trend in capital punishment has been the dramatic reduction in the number of offenses statutorily punishable by the death penalty. About two hundred years ago England had over two hundred offenses calling for the death penalty; it now has four. Some countries have abolished capital punishment completely; a few retain it for unusual offenses only. The trend throughout the world, even in the great number of countries that retain the death penalty, is definitely toward a de facto, not a de jure, form of abolition. In the United States, where the death penalty is possible in three-fourths of the states, the number of executions has declined from 199 in 1935 to an average of less than three in the last four years. This change is related to public sentiment against the use of the death penalty and even more directly to the unwillingness of juries and courts to impose a first-degree sentence. The increasing willingness of governors to commute a death sentence and of courts to hear appeals also contributes to this decline. A review of the evidence indicates that use of the death penalty has no discernible effect on the commission of capital offenses (especially murder).


1996 ◽  
Vol 22 (1) ◽  
Author(s):  
G. K. Huysamen

In an earlier article, the psychometrics of various fair selection models that had been proposed in the United States of America in the late 1960s, early 1970s were presented. The purpose of the present article is to discuss the subsequent history of the application of these models in personnel selection in that country and to view its implications for the South African situation. Because the question of fair selection models ties in with the issue of affirmative action, a brief history of this issue as it pertains to personnel selection is also given. Key decisions of the American Supreme Court that have a bearing on this matter are also reviewed. The failure to widely apply these fair selection models may be attributed to the prevalent socio-political context which favours the preferential treatment of certain groups but is hesitant to specify the particulars and limits of such treatment. Opsomming 'n Vorige artikel het die psigometi-ika onderliggend aan verskeie billike keuringsmodelle wat in die laat sestigerjare, vroee sewentigerjare in die Verenigde State van Amerika voorgestel is, behandel. Die doel met die onderhawige artikel is om 'n oorsig te verskaf van die daaropvolgende geskiedenis van die toepassing van daardie modelle in personeelkeuring in daardie land, en om die implikasies daarvan vir die Suid-Afrikaanse situasie te belig. Omdat die aangeleentheid van billike keuringsmodelle verband hou met die kwessie van regstellende aksie, word 'n bondige geskiedenis van hierdie kwessie soos dit op personeelkeuring van toepassing is, ook verskaf. Sleutel-uitsprake van die Amerikaanse Hooggeregshof wat betrekking het op hierdie aangeleentheid word ook beskou. Die beperkte toepassing van hierdie billike keuringsmodelle kan toegeskryf word aan die heersende sosio-politieke konteks wat die voorkeurbehandeling van bepaalde groepe voorstaan, maar wat huiwerig is om die besonderhede en perke van sodanige behandeling te spesifiseer.


1983 ◽  
Vol 29 (1) ◽  
pp. 116-169 ◽  
Author(s):  
Phoebe C. Ellsworth ◽  
Lee Ross

A survey designed to examine the attitudinal and informational bases of people's opinions about the death penalty was administered to 500 Northern California residents (response rate = 96 percent). Of these, 58.8 percent were proponents of capital punishment, 30.8 percent were opponents, and 10.4 percent were undecided. When asked whether they favored mandatory, discretionary, or no death penalty for various crimes, respondents tended to treat these options as points on a scale of strength of belief, with mandatory penalties favored for the most serious crimes, rather than considering the questions of objectivity and fairness that have influenced the United States Supreme Court's considerations of these options. For no crime did a majority favor execution of all those convicted, even when a mandatory penalty was endorsed. Respondents were generally ignorant on factual issues related to the death penalty, and indicated that if their factual beliefs (in deterrence) were incorrect, their attitude would not be influenced. When asked about their reasons for favoring or opposing the death penalty, respondents tended to endorse all reasons consistent with their attitudes, indicating that the attitude does not stem from a set of reasoned beliefs, but may be an undifferenti ated, emotional reflection of one's ideological self-image. Opponents favored due process guarantees more than did Proponents. A majority of respondents said they would need more evidence to convict if a case was capital. Theoretical and legal implications of the results are discussed.


Author(s):  
Peter Baldwin

To Return To The Bulk of our material in this book, what absolute differences separate the United States from Europe? The United States is a nation where proportionately more people are murdered each year, more are jailed, and more own guns than anywhere in Europe. The death penalty is still law. Religious belief is more fervent and widespread. A smaller percentage of citizens vote. Collective bargaining covers relatively fewer workers, and the state’s tax take is lower. Inequality is somewhat more pronounced. That is about it. In almost every other respect, differences are ones of degree, rather than kind. Oft en, they do not exist, or if they do, no more so than the same disparities hold true within Western Europe itself. At the very least, this suggests that farreaching claims to radical differences across the Atlantic have been overstated. Even on violence—a salient difference that leaps unprompted from the evidence, both statistical and anecdotal—the contrast depends on how it is framed. Without question, murder rates are dramatically different across the Atlantic. And, of course, murder is the most shocking form of sudden, unexpected death, unsettling communities, leaving survivors bereaved and mourning. But consider a wider definition of unanticipated, immediate, and profoundly disrupting death. Suicide is oft en thought of as the exit option for old, sick men anticipating the inevitable, and therefore not something that changes the world around them. But, in fact, the distribution of suicide over the lifespan is broadly uniform. In Iceland, Ireland, the UK, and the United States, more young men (below forty-five) than old do themselves in. In Finland, Luxembourg, the Netherlands, and Norway, the figures are almost equal. Elsewhere, the older have a slight edge. But overall, the ratio between young and old suicides approximates 1:1. Broadly speaking, and sticking with the sex that most oft en kills itself, men do away with themselves as oft en when they are younger and possibly still husbands, fathers, and sons as they do when they are older and when their actions are perhaps fraught with less consequence for others. Suicide is as unsettling, and oft en even more so, for survivors as murder.


Author(s):  
Brendan Cantwell

This chapter provides a detailed and extensive assessment of the United States of America’s (USA) high participation systems (HPS) of higher education. It considers the history of higher education, system development, and the present condition of higher education in the country. The USA was the first HPS and the American system remains globally influential. Higher education in the USA is a massive enterprise, defined by both excellent and dubious providers, broad inclusion, and steep inequality. The chapter further examines higher education in the USA in light of the seventeen HPS propositions. Perhaps more so than any other system, the American HPS conforms to the propositions. Notably, higher education in the USA is both more diverse horizontally, and stratified vertically, than most other HPS.


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