The Contradictions of American Capital Punishment

By Franklin E. Zimring | Go to book overview

4
Federalism and Its Discontents

A Chapter on federalism seems more appropriate for a textbook on government than for an attempt to explain the extraordinary pattern of executions in the United States. But the system of allocating power to different levels of government in the United States is one defining element of the unique policy environment of capital punishment. The current system of processing capital cases is incomprehensible without information on federalism. And the large and systematic differences between states in execution policy are also important clues to identifying what sets America apart on the death penalty. So any serious study of American capital punishment must do its homework on the federal system of government and its manifold impacts on capital punishment policy.

But the capital punishment arrangement discussed in this chapter is certainly not garden-variety American federalism. There is little resemblance between the way that federal and state systems govern together on death penalty cases and the pattern of federal/state coordination on issues such as education, health care, highways, or water pollution. In part, these special death penalty problems have been generated because the federal controls that can be enforced only by federal courts must be superimposed on a system of criminal law that was complete and self-contained at the state level. But the conflicts and ambivalence that are caused by the death penalty itself are also a major feature of the dysfunctional present of the death penalty in the American federal system.

Here are four questions that cannot be answered without understanding the peculiar style of federalism that has developed for capital punishment:

-67-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
The Contradictions of American Capital Punishment
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 258

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.