The Road to Abolition? The Future of Capital Punishment in the United States

By Charles J. Ogletree; Austin Sarat | Go to book overview

Index
abolition of death penalty: abolitionist states, 73, 74; categories of, 174n69; countries going ten years or more without an execution, 139–140; countries having total abolition or abolition in law or practice, 19; critical mass of opposition to, 270; European Union, requirement for membership in, 99; for all crimes, 76; for ordinary crimes, 76; life without parole (LWOP), 168; Marshall on, Thurgood, 2; other punishments following, 168–169; paths toward, 133; in postwar Europe, 98–99, 142, 143–146, 321; worldwide movement toward, 19–20
abolitionist politics, 72–91, 101–126, 146–157; abolition, diffusion among individual states, 160–163; abolition, judicial, 101–126; abolition, near-miss moment of, 77, 142, 150; abolition, presidential support for, 158; abolition, regionalization of, 100–101; abolition, state reversals to retentionist, 141; American extradition requests, 315n43; Americans' attachment to severe punishments, 168–169; anti-death penalty movement, 161; appellate courts, role of, 156; civil rights movement, 149–153; Congress in, 156–157, 158; conservative arguments, effect of, 25–29; conservative churches, membership in, 85; conservative ideology, strength of, 84; constitutional challenges, risk of failed, 132; constitutional litigation vs. legislative decision, 101; constitutional litigation vs. marginalization, 131–133; countermajoritarian measures, 77–78; cross-national variability in capital punishment, 78–83; cruelty in, 6; death penalty, domestic shift in attitudes toward, 72–74; death penalty, fairness/unfairness of, 26–29, 40n41; death penalty, gubernatorial vetoes of bills abolishing, 37n7, 126; death penalty, “incremental abolition” of, 46, 239–240; death penalty, politicized use of, 83; death penalty litigation, cost of, 4, 29–30, 35, 162–163, 176n92, 239–240; democratization, level of, 76–77, 78, 79; DNA testing, 50–55, 116, 193–194; economic development, 81, 82; ends-oriented discourses, 299; English common law, 79, 80; ethnic fractionalization, 79; “evil” of state taking a life, 6; execution methods in, 83–84; execution of the innocent, 6, 29, 51–52; federalist structure of a country, 77, 100, 155– 156; financial crises, 162–163; government imperfections, 26–29; historical experience with armed conflict, 79; homicide rates, 79, 80, 94n22;

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