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Hegemonic Individualism and Subversive Stories in Capital Mitigation
Capital punishment policies in the USA are almost always justified by an individualistic belief in either rational choice or dispositional attribution, which justifies the death penalty either as a deterrent, or for retributive or incapacitative purposes. This book takes an in-depth look at the mitigation process and the use of individualism in the capital sentencing process. The work examines the use of individualistic (hegemonic) and contextualizing (subversive) discourses in the mitigation cases presented by capital defense attorneys and experts from trials in Delaware, and how these discourses were understood, interpreted, and utilized by jurors who served on those trials and by the judg...
Friendly Enemies
Friendly Enemies analyzes the relations and fraternization of American soldiers on opposing sides of the Civil War, a representation of the common soldiers’ efforts to fight the war on their own terms.
Studies in Law, Politics and Society
The articles in this 63rd volume of Studies in Law, Politics and Society cover cutting edge issues of major interest to policy makers, activists and interdisciplinary law scholars: family law, the way law deals with children, international human rights, and the way law deals with injury and damages claims.
Responses to Serious Offending by Children
This book explores the principles, practice and challenges in determining justice system responses to serious offending by children globally. Divided into four parts, the book provides a balance of theoretical and empirical insights. Anchored in a theoretical framework based on the human rights of children, as set out in the UN Convention on the Rights of the Child, it considers the relationship between scientific evidence (such as brain development) and the human rights framework, before going to explore the diversity of responses to children who are found responsible for serious offences. It brings together experts from various disciplines to fill a gap relating to serious offending by chi...
Law, Politics and Family in ‘The Americans’
Interpreting The Americans through a socially charged lens, this special issue offers a compelling insight into the legal and cultural undertones of family dynamics, as well as those at the heart of conservative American politics.
Killing with Prejudice
A history of the McCleskey v. Kemp Supreme Court ruling that effectively condoned racism in capital cases In 1978 Warren McCleskey, a black man, killed a white police officer in Georgia. He was convicted by a jury of 11 whites and 1 African American, and was sentenced to death. Although McCleskey’s lawyers were able to prove that Georgia courts applied the death penalty to blacks who killed whites four times as often as when the victim was black, the Supreme Court upheld the death sentence in McCleskey v.Kemp, thus institutionalizing the idea that racial bias was acceptable in the capital punishment system. After a thirteen-year legal journey, McCleskey was executed in 1991. In Killing wit...
Interviewing of Suspects with Mental Health Conditions and Disorders in England and Wales
Interviewing of Suspects with Mental Health Conditions and Disorders in England and Wales explores cutting-edge research that focuses specifically on these adults (including their cognitive needs and psychological vulnerabilities), the impact on the investigative interview, and existing legislation, guidance and practice. The book opens with a historical overview of the move from interrogation to investigative interviewing, including the impact of well-known miscarriages of justice and the inquiry that led to the development of current best practice interviewing. Further chapters focus on the concept of vulnerability within current theoretical frameworks, with a particular emphasis on mental...
The English Prison Health System After a Decade of Austerity, 2010-2020
Austerity has reconfigured and scaled back the governance and delivery of public services and negatively affected society’s most vulnerable groups. This book opens up the closed world of English prisons to examine its impact on prison health governance and healthcare delivery. It argues that austerity has been a decade-long, large-scale political experiment that has caused debt to balloon, eroded the prison health system and perpetuated a cycle of punishment resulting in sicker prisoners. In short, austerity has violated prisoners’ human rights. Drawing on interviews and data from existing longitudinal and economic analyses, the book demonstrates how austerity has resulted in high rates ...
The Evolving Protection of Prisoners’ Rights in Europe
The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed ov...
Life Without Parole
This book is an in-depth critical examination of all pertinent aspects of life without parole (LWOP). Empirically assessing key arguments that advance LWOP, including as an alternative to the death penalty, it reveals that not only is the punishment cruel while not providing any societal benefits, it is actually detrimental to society. Over the last 30 years, LWOP has exploded in the United States. While the use of capital punishment over that same time period has declined, it must be recognized that LWOP is, in fact, a hidden death sentence. It is, however, implemented in a way that allows society to largely ignore this truth. While capital punishment has rightfully been subject to intense ...
