The Death Penalty

Today in 1924 the first American execution by lethal gas took place.  Here are 10 books about the death penalty.

Angel of Death Row: My Life as a Death Penalty Defense Lawyer by Andrea Lyon - Andrea Lyon's account of her groundbreaking career amounts to a primer on the criminal justice system and the death penalty in particular. What it reveals is often horrifying, but Andrea's writing is so infused with empathy and humor that the reader comes away both wiser to the ways of injustice and inspired by the difference one person can make. The stories of her life and her cases expose flawed humanity on all sides, as well as breathtaking largeness of heart. And make no mistake, Andrea's compassion for the victims of crime is no less than her compassion for the defendants.

By Man Shall His Blood Be Shed: A Catholic Defense of Capital Punishment by Edward Feser and Joseph Bessette - The Catholic Church has in recent decades been associated with political efforts to eliminate the death penalty. It was not always so. This timely work reviews and explains the Catholic Tradition regarding the death penalty, demonstrating that it is not inherently evil and that it can be reserved as a just form of punishment in certain cases. Drawing upon a wealth of philosophical, scriptural, theological, and social scientific arguments, the authors explain the perennial teaching of the Church that capital punishment can in principle be legitimate--not only to protect society from immediate physical danger, but also to administer retributive justice and to deter capital crimes. The authors also show how some recent statements of Church leaders in opposition to the death penalty are prudential judgments rather than dogma. They reaffirm that Catholics may, in good conscience, disagree about the application of the death penalty. Some arguments against the death penalty falsely suggest that there has been a rupture in the Church's traditional teaching and thereby inadvertently cast doubt on the reliability of the Magisterium. Yet, as the authors demonstrate, the Church's traditional teaching is a safeguard to society, because the just use of the death penalty can be used to protect the lives of the innocent, inculcate a horror of murder, and affirm the dignity of human beings as free and rational creatures who must be held responsible for their actions. By Man Shall His Blood Be Shed challenges contemporary Catholics to engage with Scripture, Tradition, natural law, and the actual social scientific evidence in order to undertake a thoughtful analysis of the current debate about the death penalty.

Courting Death: The Supreme Court and Capital Punishment by Carol Steiker - Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time. In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by its restoration in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place. While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty's new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.

The Death of Innocents: An Eyewitness Account of Wrongful Executions by Sister Helen Prejean - Sister Helen Prejean was a little-known Roman Catholic nun from Louisiana whenin 1993, her first book Dead Man Walking, challenged the way we look at the death penalty in America. It became a #1 New York Times bestseller and was nominated for the Pulitzer Prize. Now in The Death of Innocents, she takes us to the new moral edge of the debate on capital punishment: What if we’re killing the wrong man?
Prejean traces the historical underpinnings of executions in this country, demonstrating that it is no accident that over 80 percent of executions in the past twenty-five years have been carried out in the former slave states. She also raises profound constitutional questions about an appeals system that decides most death cases on procedural grounds without ever examining their merits.
To date, 113 wrongfully convicted persons have been freed from death row. If constitutional protections–due process, assistance of counsel, and equal justice under law–are truly being respected, how is it possible that these people were convicted in the first place? And how can we accept a system so rife with error?
Sister Helen Prejean takes us with her on her spiritual journey as she accompanies two possibly innocent human beings to their deaths at the hands of the state. Prejean implores us to reflect on what is perhaps the core moral issue of the death penalty debate: Honorable people disagree about the justice of executing the guilty, but can anyone argue about the injustice of executing the innocent?

The Death Penalty: An Historical and Theological Survey by James Megivern - Distilling the vast amount of Catholic thought on the death penalty is a daunting task that Megivern successfully attempts. From Old Testament injunctions to a 1995 papal encyclical, Megivern concisely covers it all, noticing non-Catholic theologians and thinkers, too, albeit not as extensively as their Catholic fellows. The seeds of Christian beliefs concerning the death penalty were sewn by Paul, Augustine, and Aquinas, and Megivern reminds us that religious opinion is woven into the fabric of the culture that has adopted the death penalty and that culture has influenced religious thought, as well, affecting the positions Christian thinkers have taken on the matter. Not surprisingly, then, history and tradition, both Christian and Jewish, indicate that some Bible passages that seem to call for execution may not. Whatever a reader's faith, Megivern's well-documented, well-written, and balanced presentation will provoke pondering of the death penalty's meaning.

Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys by Susannah Sheffer - How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time. What it is like for these capital defenders in their last visits or phone calls with clients who are about to be taken to the execution chamber? Or the next mornings, in their lives with their families, in their dreams and flashbacks and moments alone in the car? What is it like to do this work year after year? (These attorneys had, on average, spent nineteen years doing capital defense.)
Through vivid interviews amplified by the author's responses and commentary, these attorneys reveal aspects of their internal experience that they have never talked about until now. How do capital defenders manage the weight of the responsibility they carry? To what extent do they experience symptoms of trauma in the aftermath of losing a client to execution or as a result of the cumulative effects of engaging in capital defense work? What motivates them, and what do they draw upon, in order to keep engaging in such emotionally demanding work? Have they considered practicing other types of law? What can we learn from capital defenders not only about the deep and long-term effects of the death penalty but also about broader human questions of hope, effectiveness, success, failure, strength, fragility, and perseverance?

A Life and Death Decision: A Jury Weighs the Death Penalty by Scott Sundby - With a life in the balance, a jury convicts a man of murder and now has to decide whether he should be put to death. Twelve people now face a momentous choice.
Bringing drama to life, A Life and Death Decision gives unique insight into how a jury deliberates. We feel the passions, anger, and despair as the jurors grapple with legal, moral, and personal dilemmas. The jurors’ voices are compelling. From the idealist to the “holdout,” the individual stories—of how and why they voted for life or death—drive the narrative. The reader is right there siding with one or another juror in this riveting read.
From movies to novels to television, juries fascinate. Focusing on a single case, Sundby sheds light on broader issues, including the roles of race, class, and gender in the justice system. With death penalty cases consistently in the news, this is an important window on how real jurors deliberate about a pressing national issue.

The Sun Does Shine: How I Found Life and Freedom on Death Row by Anthony Ray Hinton - In 1985, Anthony Ray Hinton was arrested and charged with two counts of capital murder in Alabama. It was a case of mistaken identity, and Hinton believed that the truth would prove his innocence. Sentenced to death by electrocution, he spent his first three years at Holman State Prison full of despair and anger toward all those who had sent an innocent man to his death.He resolved to find a way to live on Death Row., and for the next twenty-seven years he transformed not only his own spirit, but those of his fellow inmates. After winning his release in 2015, Hinton shows how you can take away a man's freedom, but you can't take away his imagination, humor, or joy.

A Wild Justice: The Death and Resurrection of Capital Punishment in America by Evan Mandery - Drawing on never-before-published original source detail, the epic story of two of the most consequential, and largely forgotten, moments in Supreme Court history. For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia's death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America. Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction. A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.

The Wrong Carlos: Anatomy of a Wrongful Execution by James Liebman - In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a "phantom" of DeLuna's imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist.
The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and Hernandez's violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history.
The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.