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Cover 1 Half Title 2 Title 6 Copyright 7 Dedication 8 Contents 10 Preface 16 Acknowledgments 18 1 Background and History 22 Introduction 22 The Death Penalty before It Was Capital Punishment 22 How Did This History Affect Capital Punishment in the United States? 28 So Why Does the Eighth Amendment Ban Cruel and Unusual Punishment? 32 How Did the Ban on Cruel and Unusual Punishment Become Linked to the Death Penalty? 40 Capital Punishment in the New Republic 46 The Due Process Clause of the Fourteenth Amendment Changes the Bill of Rights 55 So Does Due Process “Incorporate” a Ban on Cruel and Unusual Punishment? 61 References 70 2 Problems, Controversies, and Solutions 74 Introduction 74 What Is the Constitutional Status of Capital Punishment? 74 The Supreme Court Expands “Cruel and Unusual” to Mean “Excessive” 80 The Supreme Court Bans and Restarts Capital Punishment in Furman v. Georgia (1972) and Gregg v. Georgia (1976) 86 Is the Death Penalty Available for Any Crime Other Than First-Degree Murder? 90 Is a Mandatory Death Penalty Ever Permissible? 97 Guiding the Jury’s Discretion 104 Mitigation 106 Age as a Mitigating Factor? Juveniles at the Supreme Court 111 Juveniles and Other
- Author
- Joseph A. Melusky,Keith A. Pesto
- Language
- EN
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