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The Story of Cruel and Unusual

Author: Colin Dayan

Publisher: MIT Press

Published: 2024-04-30

Total Pages: 129

ISBN-13: 0262551969

A searing indictment of the American penal system that finds the roots of the recent prisoner abuse at Abu Ghraib and Guantánamo in the steady dismantling of the Eighth Amendment's prohibition of "cruel and unusual" punishment. The revelations of prisoner abuse and torture at Abu Ghraib and more recently at Guantánamo were shocking to most Americans. And those who condemned the treatment of prisoners abroad have focused on U.S. military procedures and abuses of executive powers in the war on terror, or, more specifically, on the now-famous White House legal counsel memos on the acceptable limits of torture. But in The Story of Cruel and Unusual, Colin Dayan argues that anyone who has followed U.S. Supreme Court decisions regarding the Eighth Amendment prohibition of "cruel and unusual" punishment would recognize the prisoners' treatment at Abu Ghraib and Guantánamo as a natural extension of the language of our courts and practices in U.S. prisons. In fact, it was no coincidence that White House legal counsel referred to a series of Supreme Court decisions in the 1980s and 1990s in making its case for torture.Dayan traces the roots of "acceptable" torture to slave codes of the nineteenth century that deeply embedded the dehumanization of the incarcerated in our legal system. Although the Eighth Amendment was interpreted generously during the prisoners' rights movement of the late 1960s and 1970s, this period of judicial concern was an anomaly. Over the last thirty years, Supreme Court decisions have once again dismantled Eighth Amendment protections and rendered such words as "cruel" and "inhuman" meaningless when applied to conditions of confinement and treatment during detention. Prisoners' actual pain and suffering have been explained away in a rhetorical haze—with rationalizations, for example, that measure cruelty not by the pain or suffering inflicted, but by the intent of the person who inflicted it. The Story of Cruel and Unusual is a stunningly original work of legal scholarship, and a searing indictment of the U.S. penal system.

Cruel but Not Unusual

Author: Ramona Alaggia

Publisher: Wilfrid Laurier Univ. Press

Published: 2013-05-21

Total Pages: 604

ISBN-13: 1554588502

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Violence in families and intimate relationships affects a significant proportion of the population—from very young children to the elderly—with far-reaching and often devastating consequences. Cruel but Not Unusual draws on the expertise of scholars and practitioners to present readers with the latest research and thinking about the history, conditions, and impact of violence in these contexts. For this new edition, chapters have been updated to reflect changes in data and legislation. New chapters include an examination of trauma from a neurobiological perspective; a critical analysis of the “gender symmetry debate,” a debate that questions the gendered nature of intimate violence; and an essay on the history and evolution of the women’s movement dedicated to addressing violence against women, which advances theoretical developments that remind readers of the breadth of inclusivity that should be at the heart of working in this field.

No Cruel or Unusual Punishment

Author: David Machajewski

Publisher: The Rosen Publishing Group, Inc

Published: 2018-12-15

Total Pages: 32

ISBN-13: 1538343118

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When the U.S. Constitution was ratified in 1788, it had a major flaw: it failed to acknowledge individual rights. Early Americans were not pleased. They didn't believe their new government was respecting their freedoms. Thus, the Bill of Rights was created. Readers will explore the history, significance, and controversy surrounding the Eighth Amendment to the U.S. Constitution, which prohibits cruel or unusual punishment. Primary sources, sidebars, and compelling stories, demonstrate how the amendment protects, and potentially harms, criminals. Historic and present-day examples of long-standing debates about the amendment's controversial "cruel and unusual" clause further illustrate the amendment's importance.

Cruel and Unusual

Author: Anne-Marie Cusac

Publisher: Yale University Press

Published: 2009-03-17

Total Pages: 333

ISBN-13: 0300155492

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The statistics are startling. Since 1973, America’s imprisonment rate has multiplied over five times to become the highest in the world. More than two million inmates reside in state and federal prisons. What does this say about our attitudes toward criminals and punishment? What does it say about us? This book explores the cultural evolution of punishment practices in the United States. Anne-Marie Cusac first looks at punishment in the nation’s early days, when Americans repudiated Old World cruelty toward criminals and emphasized rehabilitation over retribution. This attitude persisted for some 200 years, but in recent decades we have abandoned it, Cusac shows. She discusses the dramatic rise in the use of torture and restraint, corporal and capital punishment, and punitive physical pain. And she links this new climate of punishment to shifts in other aspects of American culture, including changes in dominant religious beliefs, child-rearing practices, politics, television shows, movies, and more. America now punishes harder and longer and with methods we would have rejected as cruel and unusual not long ago. These changes are profound, their impact affects all our lives, and we have yet to understand the full consequences.

Cruel and Unusual

Author: Michael Meltsner

Publisher: Quid Pro Books

Published: 2011-07-23

Total Pages: 326

ISBN-13: 1610270975

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The true and gripping account of the nine-year struggle by a small band of lawyers to abolish the death penalty in the United States. Its new edition features a 2011 Foreword by death-penalty author Evan Mandery of CUNY's John Jay College of Criminal Justice, as well as a new Preface by the author.The mission, plotted out over lunch in New York's Central Park in the early 1960s, seemed as impossible as going to the moon: abolish capital punishment in every state. The approach would fight on multiple fronts, with multiple strategies. The people would be dedicated, bright, unsure, unpopular, and fascinating. This is their story: not only the cases and the arguments before courts, the death row inmates and their victims, the judges and politicians urging law and order, this is the true account of the real-life lawyers from the inside. The United States indeed went to the moon, and a few years later the U.S. Supreme Court ruled the death penalty unconstitutional. The victory was long-sought and sweet, and the pages of this book vividly let the reader live the struggle and the victory. And while the abolition eventually became as impermanent as the nation's presence on the moon, these dedicated attorneys certainly made a difference. This is their tale.As Evan Mandery writes in his new Foreword, "In these pages, Meltsner lays bare every aspect of his and his colleaguesi thinking. You will read how they handicapped their chances, which arguments they thought would work (you may be surprised), and what they thought of the Supreme Court justices who would decide the crucial cases. You will come to understand what they perceived to be the basis for support for the death penalty, and, with Meltsner's unflinching honesty, what they perceived to be the inconsistencies in their position."Mandery concludes: "It is my odd lot in life to have read almost every major book ever written about the death penalty in America. This is the best and the most important. Every serious scholar who wants to advance an argument about capital punishment in the United States--whether it is abolitionist or in favor of the death penalty, or merely a tactical assessment--cites this book. It is open and supremely accessible." And the author's "constitutional vision was years ahead of its time. His book is timeless." Part of the Legal History and Biography Series from Quid Pro Books, the new ebook editions feature embedded pagination from previous editions (consistent with the new paperback edition as well, allowing continuity in all formats), active TOC and endnotes, and quality digital formatting.

Blood in the Water

Author: Heather Ann Thompson

Publisher: Vintage

Published: 2017-08-22

Total Pages: 754

ISBN-13: 1400078245

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PULITZER PRIZE WINNER • The definitive history of the infamous 1971 Attica Prison uprising, the state's violent response, and the victim's decades-long quest for justice. • Thompson served as the Historical Consultant on the Academy Award-nominated documentary feature ATTICA “Gripping ... deals with racial conflict, mass incarceration, police brutality and dissembling politicians ... Makes us understand why this one group of prisoners [rebelled], and how many others shared the cost.” —The New York Times On September 9, 1971, nearly 1,300 prisoners took over the Attica Correctional Facility in upstate New York to protest years of mistreatment. Holding guards and civilian employees hostage, the prisoners negotiated with officials for improved conditions during the four long days and nights that followed. On September 13, the state abruptly sent hundreds of heavily armed troopers and correction officers to retake the prison by force. Their gunfire killed thirty-nine men—hostages as well as prisoners—and severely wounded more than one hundred others. In the ensuing hours, weeks, and months, troopers and officers brutally retaliated against the prisoners. And, ultimately, New York State authorities prosecuted only the prisoners, never once bringing charges against the officials involved in the retaking and its aftermath and neglecting to provide support to the survivors and the families of the men who had been killed. Drawing from more than a decade of extensive research, historian Heather Ann Thompson sheds new light on every aspect of the uprising and its legacy, giving voice to all those who took part in this forty-five-year fight for justice: prisoners, former hostages, families of the victims, lawyers and judges, and state officials and members of law enforcement. Blood in the Water is the searing and indelible account of one of the most important civil rights stories of the last century. (With black-and-white photos throughout)

Unusually Cruel

Author: Marc Morjé Howard

Publisher: Oxford University Press

Published: 2017

Total Pages: 297

ISBN-13: 0190659343

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The United States incarcerates far more people than any other country in the world, at rates 7-10 times higher than other liberal democracies. Indeed, while the US holds only about 5 percent of the world's population, it contains nearly 25 percent of its prisoners. At every stage of thecriminal justice process - including plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the US has harsher and more punitive practices than other comparable countries. Media headlines allude to the "radically humane" prisons of Europe, sometimes presentingthem as too soft on crime. But when lower rates of incarceration and better prison conditions often correlate with lower costs, increased public safety, and more successful rehabilitation, why do prisons in the US remain so punitive?In Unusually Cruel, Marc Morje Howard argues that the United States' prison system is exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis thatshows just how far the US prison system lies outside of the norm of established democracies. The book compares the US to other advanced industrialized democracies, with particular focus on the three comparative cases of France, Germany, and the United Kingdom.Although Unusually Cruel paints a grim picture of the American system, it also provides a hopeful message. Howard identifies practical and proven solutions from other countries that are less punitive and more productive, as well as models that could help the US get out of its criminal justicequagmire.

Cruel and Unusual Punishment

Author: Joseph A. Melusky

Publisher: ABC-CLIO

Published: 2003-02-21

Total Pages: 0

ISBN-13: 1576076024

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The Eighth Amendment to the US Constitution created one of America's most valued freedoms but also one of its greatest controversies. On 184 separate occasions, the Supreme Court had to decide what constitutes "cruel and unusual punishment". This work helps readers makes sense of the controversy.

America's Jails

Author: Derek Jeffreys

Publisher: NYU Press

Published: 2018-06-05

Total Pages: 233

ISBN-13: 1479838624

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A look at the contemporary crisis in U.S. jails with recommendations for improving and protecting the dignity of inmates Twelve million Americans go through the U.S. jail system on an annual basis. Jails, which differ significantly from prisons, are designed to house inmates for short amounts of time, and are often occupied by large populations of legally innocent people waiting for a trial. Jails often have deplorable sanitary conditions, and there are countless records of inmates being brutalized by staff and other inmates while in custody. Local municipalities use jails to institutionalize those whom they perceive to be a threat, so hundreds of thousands of inmates suffer from mental illness. People abandoned by families or lacking health insurance, or those who cannot afford bail, often cycle in and out of jails. In America’s Jails, Derek Jeffreys draws on sociology, philosophy, history, and his personal experience volunteering in jails and prisons to provide an understanding of the jail experience from the inmates’ perspective, focusing on the stigma that surrounds incarceration. Using his research at Cook County Jail, the nation’s largest single-site jail, Jeffreys attests that jail inmates possess an inherent dignity that should govern how we treat them. Ultimately, fundamental changes in the U.S. jail system are necessary and America’s Jails provides specific policy recommendations for changing its poor conditions. Highlighting the experiences of inmates themselves, America’s Jails aims to shift public perception and understanding of jail inmates to center their inherent dignity and help eliminate the stigma attached to their incarceration.