These essays have profited from the advice and assistance of several persons. Jack Himmelstein, while he was a staff attorney for the NAACP Legal Defence and Educational Fund, was more than helpful in explaining the current activities of the litigation campaign and the effect upon it of various Supreme Court rulings. The essays reprinted in Chapters 4, 5, and 7 owe much to his advice. Ms successors at the LDF, Peggy Davis and David E. Kendall, have been helpful as he was, and the essay in Chapter 9 is the better for it. Some of the revisions in this chapter were suggested to me by an unpublished address by Ms. Davis. Lou Brin , associate editor of The Jewish Advocate, and Robert Hatch, executive editor of The Nation, have always welcomed my submissions, including the essays that reappear here in Chapters 5, 8, and 9. Howard Blatchford, a student of mine at Tufts, gave me prompt and indispensable clerical assistance in preparing the manuscript. Most of all, I am grateful for unstinting editorial assistance in revising all these essays for publication here, especially in Chapters 5 and 7, as well as in the initial versions of Chapters 8, 9, and 10, and the introduction.
Chapter 1 appeared originally as "The Issue of Capital Punishment," in Current History 53, no. 312 ( August 1967): 82-87, 116. Copyright © 1967, by Current History, Inc. Reprinted with permission.
Chapter 2 appeared originally as "The Courts, the Constitution, and Capital Punishment," in Utah Law Review 1968, no. 2 ( May 1968): 201-239. Copyright © 1968, Utah Law Review Society. Reprinted with permission.
Chapter 3 appeared originally in two journals under slightly different titles and in slightly different versions: (1) "The Death Penalty as a Deterrent: Argument and Evidence," Ethics 80, no. 3 ( April 1970): 205-217. Copyright © 1970, The University of Chicago. Reprinted with permission. (2) "Deterrence and the Death Penalty: A Reconsideration," The Journal of Criminal Law, Criminology and Police Science 61, no. 4 ( December 1970): 539-548. Copyright © 1971, by Northwestern University School of Law. Reprinted with permission. Errata published in "A Concluding Note," Ethics 81, no. 1 ( October 1970): 76 are incorporated.
Chapter 4 appeared originally as "The Death Penalty in America: Review and Forecast," in Federal Probation 35, no. 2 ( June 1971): 32-43.
Chapter 5 is based on two essays: (1) "The Politics of Death," Trial 8, no. 2 (March/ April 1972): 44-46. Copyright © 1972, by The Association of Trial lawyers of America. Reprinted by permission. (2) "Supreme Court Challenged by 8th Amendment Death Penalty Pleas," The Jewish Advocate, 3 February 1972, p. 3. Copyright © 1972, The Jewish Advocate. Reprinted with permission.
Chapter 6 appeared originally as "Challenging the Death Penalty," in Harvard Civil Rights-Civil Liberties Law Review 9 ( May 1974): 626-643.