* Abbreviations * Introduction *1. Terror, Blood, and Repentance *2. Hanging Day *3. Degrees of Death *4. The Origins of Opposition *5. Northern Reform, Southern Retention *6. Into the Jail Yard *7. Technological Cures *8. Decline *9. To the Supreme Court *10. Resurrection * Epilogue * Appendix: Counting Executions * Notes * Acknowledgments * Index
The Death Penalty is certain to be the definitive account of the American experience with capital punishment, from its beginnings in the seventeenth century, to the execution of Timothy McVeigh in 2001. This is a first rate piece of scholarship: well written, deeply researched, fascinating to read, and full of insights and good common sense. It is, in my view, one of the finest books to deal with this troubled and troubling subject. Historical and legal scholarship owe a debt of gratitude to Stuart Banner. -- Lawrence Friedman, Stanford Law School A masterful book. This is a long overdue account which fills a huge gap in our understanding of America's long and complex relationship to state killing. With meticulous scholarship and lucid prose, Banner has written a compelling account of the place of capital punishment in our society. It sets the standard for all future scholarship on the history of the death penalty in America. -- Austin Sarat, author of When the State Kills: Capital Punishment and the American Condition The Death Penalty, a study we have badly needed, is the first history of the nation's engagement--as well as its disengagement--with capital punishment from the country's earliest days to the present. With a sure grasp of the constitutional issues, Stuart Banner greatly advances a conversation at last underway about the rightness of putting people to death for having inflicted a death. Banner's greatest and most useful feat is remaining dispassionate on a subject that he cares deeply about--as do a growing number of his fellow Americans. -- William S. McFeely, author of Proximity to Death The Death Penalty beautifully explains the changing paths traveled by supporters and opponents of capital punishment over the years. It explores a subject of enormous symbolic importance to Americans today, linking our views about the death penalty to our larger concerns about crime. -- David Oshinsky, author of "Worse Than Slavery": Parchman Farm and the Ordeal of Jim Crow Justice Banner's book is a superbly detailed and textured social history of a subject too often treated in legal abstractions. It demonstrates how capital punishment has gnawed at the conscience and imagination of Americans, and how it has challenged their efforts to define themselves culturally, politically, and racially. -- Robert Weisberg, Stanford Law School
Stuart Banner is Norman Abrams Professor of Law at the University of California, Los Angeles.
In this well-researched and clear account, Washington University law professor Banner charts how and why this country went from having one of the world's mildest punitive systems to one of its harshest. In colonial America, criminals were hanged before large crowds in elaborate rituals that included sermons and prayers. All serious crimes robbery, arson, counterfeiting were capital offenses. But gradually, opposition to execution took root and, by the 1780s, it was considered by many to be a feudal relic incompatible with human progress; resulting penal reforms significantly reduced the use of capital punishment. By the Civil War, a prolonged debate led three northern states to abolish it, while the rest limited its application to murderers (the South's opinions on the matter remained more or less unchanged). As 19th-century "elites" withdrew from the crowds at public executions, the mood turned against them altogether; when executions were moved inside prison walls, they no longer presented the public with their traditional (and gruesome) brand of deterrence. But, as Banner shows, in the last few decades, the number of executions has surged. Today, he contends, the death penalty is "an emotionally charged political issue administered within a legal framework so unworkable that it satisfie[s] no one." (12 halftones, not seen) (Mar.) Forecast: If booksellers shelve this with the recently reissued Legal Lynching by Jesse Jackson Sr. and Jesse Jackson Jr. and Ivan Solotaroff's The Last Face You'll Ever See, they'll see increased sales, for those impassioned on the subject will seek them out. And with its original and sound research, this volume should have staying power. Copyright 2001 Cahners Business Information.
The Death Penalty is certain to be the definitive account of
the American experience with capital punishment, from its
beginnings in the seventeenth century, to the execution of Timothy
McVeigh in 2001. This is a first rate piece of scholarship: well
written, deeply researched, fascinating to read, and full of
insights and good common sense. It is, in my view, one of the
finest books to deal with this troubled and troubling subject.
Historical and legal scholarship owe a debt of gratitude to Stuart
Banner. -- Lawrence Friedman, Stanford Law School
A masterful book. This is a long overdue account which fills a huge
gap in our understanding of America's long and complex relationship
to state killing. With meticulous scholarship and lucid prose,
Banner has written a compelling account of the place of capital
punishment in our society. It sets the standard for all future
scholarship on the history of the death penalty in America. --
Austin Sarat, author of When the State Kills: Capital Punishment
and the American Condition
The Death Penalty, a study we have badly needed, is the
first history of the nation's engagement--as well as its
disengagement--with capital punishment from the country's earliest
days to the present. With a sure grasp of the constitutional
issues, Stuart Banner greatly advances a conversation at last
underway about the rightness of putting people to death for having
inflicted a death. Banner's greatest and most useful feat is
remaining dispassionate on a subject that he cares deeply about--as
do a growing number of his fellow Americans. -- William S. McFeely,
author of Proximity to Death
The Death Penalty beautifully explains the changing paths
traveled by supporters and opponents of capital punishment over the
years. It explores a subject of enormous symbolic importance to
Americans today, linking our views about the death penalty to our
larger concerns about crime. -- David Oshinsky, author of "Worse
Than Slavery": Parchman Farm and the Ordeal of Jim Crow
Justice
Banner's book is a superbly detailed and textured social history of
a subject too often treated in legal abstractions. It demonstrates
how capital punishment has gnawed at the conscience and imagination
of Americans, and how it has challenged their efforts to define
themselves culturally, politically, and racially. -- Robert
Weisberg, Stanford Law School
[Banner] deftly balances history and politics, crafting a book that
will be valuable to anyone interested in knowing more about capital
punishment, no matter what his or her views are on the ethical
issues surrounding the topic. -- David Pitt * Booklist *
In this well-researched and clear account...Banner charts how and
why this country went from having one of the world's mildest
punitive systems to one of its harshest. * Publishers Weekly *
Stuart Banner's book is fine and balanced and important. His lucid
history of this grim subject is scrupulously accurate...It is
refreshingly free of the tendentiousness and the sensationalism
that this subject invites. -- Richard A. Posner * New Republic
*
[The] contrast between the past and the present can now be seen
with great clarity thanks to...Stuart Banner and his comprehensive
book, The Death Penalty...American historians have been slow
to undertake anything like a full-scale study of the
subject...Banner's book does much to fill [the gaps]. His book is
an important and comprehensive...treatment of the topic. -- Hugo
Adam Bedau * Boston Review *
Despite the gruesome nature of the book's topic, it is difficult to
stop reading. Banner's research is fascinating, his writing style
compelling. Given the emotional nature of the subject (few people
known to me are wishy-washy about whether the death penalty is
moral or immoral), Banner walks the line of neutrality skillfully,
without seeming evasive. -- Steve Weinberg * Legal Times *
Stuart Banner's The Death Penalty is a tour de force,
remarkable for its neutrality as it traces the ways in which the
death penalty has been applied, and for what kinds of crimes, from
the Colonial era to the present. Banner...writes like a historian
who believes perspective is best gained by dispassionately setting
out what happened and letting everyone come to his or her own
conclusions. I think, in this book, that works wonderfully. On a
subject in which emotions run so high, it seems awfully useful to
have a dispassionate voice. After all, if Banner allowed his own
feelings on the death penalty--pro, con or somewhere in the
middle--to be known, the book easily could be dismissed as a
diatribe. He doesn't, and it can't. -- Judith Neuman Beck * San
Jose Mercury News *
Law professor Banner...offers a persuasive examination of the
evolution of capital punishment from Colonial times onward. He
makes clear that the death penalty has possessed generally
consistent support from the US populace, although changes in the
sensibilities of juries, executioners, legal theoreticians, and
judges have occurred...Highly recommended. -- R. C. Cottrell *
Choice *
Stuart Banner aptly illustrates in The Death Penalty, like
the nation, the death penalty has changed with the times...Banner's
account spotlights a number of interesting trends in American
history...Mostly evenhanded in the tour he provides through the
history of the death penalty and its role in and reflection of
American society, he has managed to provide an accessible look at
what is a profoundly controversial and complicated subject. --
Steven Martinovich * Ft. Lauderdale Sun-Sentinel *
"For centuries," Stuart Banner tells us, "Americans had been proud
to possess a criminal-justice system that made less use of the
death penalty than just about any other place on the globe,
including the countries of western Europe." But no longer. Now we
possess "one of the harshest criminal codes in the world." The
Death Penalty helps explain that turnaround, but only in the
course of a complicated story in which different factors emerge at
different times to play often unforeseeable roles...[This is a]
superbly told history. -- Paul Rosenberg * Denver Post and Rocky
Mountain News *
Stuart Banner's lucid, richly researched book brings us, for the
first time, a comprehensive history of American capital punishment
from colonial times to the present. He describes the practices that
characterized the institution at different periods, elucidates
their ritual purposes and social meanings, and identifies the
forces that led to their transformation. The book's well-ordered
narrative is interspersed with individual case histories, that give
flesh and blood to the account. -- David Garland * Times Literary
Supplement *
[An] informative, even-handed, chillingly fascinating account of
why and how the U.S. government and many state governments decided
to sponsor executions of criminals--even though innocent defendants
might die, too. -- Jane Henderson * St. Louis Post-Dispatch *
Stuart Banner's The Death Penalty is a splendidly objective
achievement. Delightfully written, free of academic pretense,
liberally sprinkled with apt references from contemporary sources,
the book exhaustively explores the multifaceted evolution of
America's penal practices. -- Elsbeth Bothe * Baltimore Sun *
As an historical account of capital punishment in America, the book
is unmatched...The Death Penalty: An American History is a
remarkable achievement. There should be little doubt that it
rightfully belongs alongside the very best scholarship ever written
on the controversial subject. -- Beau Breslin * Criminal Justice
Review *
Opponents of capital punishment will get cold comfort from this history of the death penalty in America. Banner (law, Washington Univ.) is not a proponent of capital punishment and in fact takes great pains to describe the gruesome details of many executions. But here he concludes that the death penalty is ingrained in the American justice system, if not in the American way of life. Banner's account focuses on how the crimes punishable by death, and the way executions are administered, differ today from earlier times. Until the mid-18th century, a death sentence was given for a litany of crimes and carried out by hanging in the public square, with sermons and confessions. Today, a death sentence is given only for murder and treason and takes place out of sight, with few witnesses. Yet the reasons for the death penalty are the same: deterrence and retribution. Banner points out that while the death penalty has been a divisive issue for the past 250 years, it has always been with us except for the few years from the late 1960s to 1976. A chilling account; recommended for crime collections in all libraries. Frances Sandiford, Green Haven Correctional Facility Lib., Stormville, NY Copyright 2001 Cahners Business Information.
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