Cruel and Unusual Punishment

In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue.

Series Foreword

xi

Preface and Acknowledgments

xxi

Introduction

1

(28)

History

7

(1)

The Constitution and the Death Penalty

8

(4)

Voices of the Capital Punishment Debate

12

(14)

References and Further Reading

26

(3)

Origins and Early Development

29

(38)

America in the Era before Independence

29

(10)

The Founding Era

39

(8)

The Nineteenth Century

47

(18)

References and Further Reading

65

(2)

Twentieth-Century Issues

67

(72)

Continuity and Change

67

(3)

Some Facts

70

(4)

Philosophy

74

(6)

Dreams

80

(7)

From Weems to Furman

87

(17)

From Furman to Gregg

104

(7)

After Gregg

111

(25)

References and Further Reading

136

(3)

Into the Twenty-First Century

139

(38)

Unresolved and New Issues for the Death Penalty

139

(16)

Penalties Less Than Death

155

(7)

Conditions of Confinement

162

(13)

References and Further Reading

175

(2)

Key People, Cases, and Events

177

(20)

Documents

197

(132)

Code of Hammurabi, c. 1780 B.C.

197

(3)

The Bible, Book of Exodus, The Ten Commandments, c. 1300 B.C.

200

(1)

Code of Draco, c. 621 B.C.

201

(1)

The Magna Carta, June 15, 1215

202

(1)

The English Bill of Rights, 1689

203

(1)

The American Declaration of Independence, 1776

204

(3)

Ordinance of the Northwest Territory, 1787

207

(1)

Amendments to the U.S. Constitution

208

(1)

``Speech in Favor of Capital Punishment,'' John Stuart Mill, April 21, 1868

209

(4)

Evangelium Vitae (The Gospel of Life), Encyclical of Pope John Paul II, March 25, 1995

213

(1)

American Bar Association Resolution on the Death Penalty, February 3, 1997

214

(1)

Message Supporting the Moratorium on the Death Penalty, the Dalai Lama

215

(2)

Gregg v. Georgia (1976)

217

(9)

Woodson v. North Carolina (1976)

226

(3)

Coker v. Georgia (1977)

229

(6)

Lockett v. Ohio (1978)

235

(7)

Enmund v. Florida (1982)

242

(7)

Solem v. Helm (1983)

249

(7)

Ford v. Wainwright (1986)

256

(6)

Tison v. Arizona (1987)

262

(8)

McCleskey v. Kemp (1987)

270

(13)

Penry v. Lynaugh (1989)

283

(8)

Stanford v. Kentucky (1989)

291

(11)

Harmelin v. Michigan (1991)

302

(12)

Atkins v. Virginia (2002)

314

(9)

Ring v. Arizona (2002)

323

(6)

Chronology of Capital Punishment

329

(4)

Table of Cases

333

(6)

Appendix: Data

339

(10)

Annotated Bibliography

349

(12)

Index

361

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Cruel and Unusual Punishment

Summary

Table of Contents

Supplemental Materials

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