Cruel and Unusual
The American Death Penalty and the Founders' Eighth Amendment
Publication Year: 2012
Published by: Northeastern University Press
Title Page, Copyright, Dedication
Download PDF (44.2 KB)
Download PDF (53.7 KB)
Download PDF (73.2 KB)
"In 1971, the U.S. Supreme Court agreed to hear the appeals of three black, indigent defendants—William Furman, Lucious Jackson, and Elmer Branch, all sentenced to death by Southern juries. The National Association for the Advancement of Colored People (naacp) had launched a moratorium campaign against the death penalty in the 1960s, and the grant of..."
Chapter One In Cold Blood
Download PDF (95.1 KB)
"On September 9, 1993, seventeen-year-old Christopher Simmons met his teenage friends, Charlie Benjamin and John Tessmer, at 2:00 a.m. at the mobile home of Brian Moomey, a convicted felon who allowed neighborhood teens to ‘'hang out'’ at his trailer. Earlier that month, Simmons and his two friends—one fifteen and one sixteen—had discussed the possibility of committing a burglary and murdering someone. Simmons felt the best..."
Chapter Two On Crimes and Punishments
Download PDF (141.7 KB)
"In 1764, a short Italian treatise, Dei delitti e delle pene, was anonymously published in the Tuscan port of Leghorn and delivered for sale in Milan in mid-July. That treatise—destined to spark controversy and a worldwide movement to abolish capital punishment—was written by Cesare Beccaria, the..."
Chapter Three The Abolitionists
Download PDF (130.3 KB)
"In the same year that the Constitutional Convention met in Philadelphia to forge the U.S. Constitution, Dr. Benjamin Rush, a prominent Pennsylvania physician, penned an important essay on penal reform. Educated at the College of New Jersey (now Princeton University), Rush graduated in 1760 with a Bachelor of Arts degree at the age of fifteen and then studied medicine in Philadelphia. Having gone on to earn a medical degree at the..."
Chapter Four America’s Founding Fathers
Download PDF (224.4 KB)
"The United States of America was forged through revolution. The Stamp Act of 1765, requiring the purchase of revenue stamps for acts of official business, was widely seen by colonists, including the fiery orator Patrick Henry, as unconstitutional. Colonists, who saw themselves as Englishmen, viewed Parliament’s acts as an affront to their right not to be taxed by people other than their elected representatives. In protest, mobs in..."
Chapter Five The Eighth Amendment
Download PDF (208.1 KB)
"The U.S. Constitution was approved in Philadelphia in September 1787, but ratification was still necessary and both Patrick Henry and George Mason felt strongly that a bill of rights was needed. ‘If you intend to reserve your unalienable rights,’ Henry said, invoking Virginia’s cruel and unusual punishments clause, ‘you must have the most express stipulation.’ Mason, an Anti-Federalist and George Washington’s friend and neighboring plantation owner, feared Congress would use the Constitution’s Necessary..."
Chapter Six Capital Punishment in America
Download PDF (163.9 KB)
"Though the Eighth Amendment unequivocally bars ‘cruel and unusual punishments,’ Americans are split over the propriety of capital punishment. Sixteen states and the District of Columbia have abolished capital punishment, but thirty-four states, plus the federal government and the U.S. military, still authorize death sentences. The majority of states— at least on the books—continue to make first-degree murder a capital crime, and Congress has made approximately sixty offenses death-eligible. Everything..."
Chapter Seven The Road to Abolition
Download PDF (251.8 KB)
"Murders and retaliatory killings to avenge murders have taken place throughout human history. ‘Its precise origins,’ Justice Thurgood Marshall wrote of the death penalty, ‘are difficult to perceive, but there is some evidence that its roots lie in violent retaliation by members of a tribe or group, or by the tribe or group itself, against persons committing hostile acts toward group members.’ Capital punishment, one commentator posits, originated as a way to ‘placate the gods,’ and evolved later as a way..."
Download PDF (69.9 KB)
Download PDF (225.2 KB)
Download PDF (70.9 KB)
Download PDF (151.9 KB)
Page Count: 464
Publication Year: 2012