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Deciding Who Should Die: Problems of Inequity, Arbitrariness, and Racial Discrimination

Roger Hood and Carolyn Hoyle

in The Death Penalty: A Worldwide Perspective

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199228478
eISBN:
9780191696329
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228478.003.0009
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter starts with a review of the extent to which the death penalty in retentionist countries is the mandatory punishment for murder or other serious crimes. It shows that the mandatory use of ... More


Testimony of Kemba Smith before the Inter-American Commission on Human Rights: March 3, 2006

Rickie Solinger, Paula C. Johnson, Martha L. Raimon, Tina Reynolds, and Ruby C. Tapia

in Interrupted Life: Experiences of Incarcerated Women in the United States

Published in print:
2010
Published Online:
March 2012
ISBN:
9780520252493
eISBN:
9780520944565
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520252493.003.0069
Subject:
Sociology, Gender and Sexuality

The testimony of Kemba Smith, who had never handled, used, or sold any drugs when she was sentenced as a first-time non-violent drug offender to almost twenty-five years in prison, defines the ... More


Human Rights Concepts in Australian Political Debate

MARK A. NOLAN and PENELOPE J. OAKES

in Protecting Human Rights: Instruments and Institutions

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264063
eISBN:
9780191718304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264063.003.0004
Subject:
Law, Human Rights and Immigration

This chapter begins by describing human rights use as a psychological response to injustice and is then followed by a discussion of the empirical findings. It presents empirical findings that suggest ... More


Arbitrary Justice: The Power of the American Prosecutor

Angela J. Davis

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.001.0001
Subject:
Law, Criminal Law and Criminology

What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more ... More


Contrasts in Intolerance: Cultures of Control in the United States and Britain

Tim Newburn

in The Politics of Crime Control: Essays in Honour of David Downes

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199565955
eISBN:
9780191701948
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565955.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the nature of the penal landscape of the United States and, to a lesser extent, the United Kingdom. It specifically concentrates on some of the divergences, distinctions, and ... More


I Cannot Allow This Boy to Be Executed: The Essential Role of Mercy, 1910–1949

Seth Kotch

in Lethal State: A History of the Death Penalty in North Carolina

Published in print:
2019
Published Online:
January 2020
ISBN:
9781469649870
eISBN:
9781469649894
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469649870.003.0004
Subject:
History, American History: 20th Century

This chapter explains how executive clemency—the state governor’s power to reduce a death penalty to a lesser sentence—helped make capital punishment function in North Carolina. With mandatory death ... More


The Crime Wave and the War against Discretionary Justice in the 1920s

Carolyn Strange

in Discretionary Justice: Pardon and Parole in New York from the Revolution to the Depression

Published in print:
2016
Published Online:
September 2017
ISBN:
9781479899920
eISBN:
9781479843619
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479899920.003.0008
Subject:
Law, Criminal Law and Criminology

The welcoming environment that New York had provided for Progressive penology turned hostile in the 1920s, when fear of a crime wave led to an all-out attack on discretionary justice. Scathing ... More


Incarcerated People

Ernest M. Drucker

in Social Injustice and Public Health

Published in print:
2005
Published Online:
September 2009
ISBN:
9780195171853
eISBN:
9780199865352
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195171853.003.0009
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter deals with social injustice as it affects incarcerated people. It covers mass incarceration and race, collateral damages of incarceration, health of prisoners, the effects on prisoners' ... More


Settling and Pleading for LWOP

Marion Vannier

in Normalizing Extreme Imprisonment: The Case of Life Without Parole in California

Published in print:
2021
Published Online:
July 2021
ISBN:
9780198827825
eISBN:
9780191866555
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827825.003.0004
Subject:
Law, Criminal Law and Criminology

In courtrooms, defence attorneys, too, rely on LWOP to avoid a death sentence for their client. In examining sentencing pathways, Chapter 3 finds that very little space is given to prosecutors, ... More


The Color-Blind Challenge to Civil Rights, 1990–Present

Donald G. Nieman

in Promises to Keep: African Americans and the Constitutional Order, 1776 to the Present

Published in print:
2020
Published Online:
June 2020
ISBN:
9780190071639
eISBN:
9780190071677
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190071639.003.0008
Subject:
History, Social History

Since 1990, civil rights advocates have lost ground to conservative attacks on color-conscious remedies for institutionalized racism. Insisting that the Constitution is color-blind, a conservative ... More


For and Against Clemency

Ian O'Donnell

in Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198798477
eISBN:
9780191839467
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798477.003.0003
Subject:
Law, Criminal Law and Criminology

Clemency tends to make philosophers of punishment uncomfortable, whatever their predilections. For retributivists it is problematic because it threatens equality of treatment and introduces ... More


The War on Drugs and Mass Incarceration

Miriam Boeri

in Hurt: Chronicles of the Drug War Generation

Published in print:
2017
Published Online:
May 2018
ISBN:
9780520293465
eISBN:
9780520966710
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520293465.003.0005
Subject:
Sociology, Law, Crime and Deviance

The War on Drugs started when baby boomers entered young adulthood, and it escalated into the most intense and systemic punitive response to nonviolent criminals ever seen in modern history, fueling ... More


Right to Due Process

Po Jen Yap

in Constitutional Dialogue in Common Law Asia

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198736370
eISBN:
9780191799969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736370.003.0009
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter maps out four models of due process applied by the appellate courts in Malaysia, Singapore, and Hong Kong when they interpret the general due process clauses enshrined in their ... More


A Crucial Test

John Gastil and Katherine R. Knobloch

in Hope for Democracy: How Citizens Can Bring Reason Back into Politics

Published in print:
2020
Published Online:
January 2020
ISBN:
9780190084523
eISBN:
9780190084561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190084523.003.0006
Subject:
Political Science, American Politics, Comparative Politics

Chapter 5 tells the story of the first official Citizens’ Initiative Review (CIR) through the eyes of one of its participants, Marion Sharp. The CIR asked twenty-four demographically stratified ... More


The Convict’s Two Lives: Civil and Natural Death in the American Prison

Rebecca Mclennan

in America's Death Penalty: Between Past and Present

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814732663
eISBN:
9780814733042
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814732663.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the extent to which death has shaped life under imprisonment. It considers the rise of an elaborate machinery of civil death—comprised of laws, jurisprudence, institutional ... More


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