ISBN-10:
0674057236
ISBN-13:
9780674057234
Pub. Date:
10/01/2010
Publisher:
Harvard University Press
Peculiar Institution: America's Death Penalty in an Age of Abolition

Peculiar Institution: America's Death Penalty in an Age of Abolition

by David Garland
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Overview

The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts.

America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture.

In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales.

Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.

Product Details

ISBN-13: 9780674057234
Publisher: Harvard University Press
Publication date: 10/01/2010
Edition description: New Edition
Pages: 432
Product dimensions: 6.50(w) x 9.20(h) x 1.50(d)

About the Author

David Garland is Arthur T. Vanderbilt Professor of Law and Professor of Sociology at New York University.

What People are Saying About This

Anthony G. Amsterdam

This is indispensable reading for students of criminal justice, race, and American culture, for lawyers and judges in the pathways of death, and for all who want to understand why our country can neither put capital punishment to any good use nor put an end to it.
Anthony G. Amsterdam, University Processor and Professor of Law, New York University

Stuart Banner

Peculiar Institution provides the best explanation I have ever read as to why the United States, alone among western democracies, retains the death penalty, and why we have the odd system we do, in which a very small percentage of the people sentenced to death are actually executed.

Stuart Banner, author of American Property

Austin Sarat

Peculiar Institution tells a fascinating and important story that illuminates why the death penalty is so problematic and yet so well suited to American practices.
Austin Sarat, author of When the State Kills: Capital Punishment and the American Condition

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