Peculiar institution : America's death penalty in an age of abolition

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 politicians and 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. This Book Describes And Explains The Institution Of Capital Punishment In The United States, And Discusses Its Relationship To American Society. For Many Europeans, The Persistence Of America's Death Penalty Is A Stark Reminder Of American Otherness. The Practice Of State Killing Is An Archaic Relic, A Hollow Symbol That Accomplishes Nothing But Reflects A Puritanical, Punitive Culture, Bloodthirsty In Its Pursuit Of Retribution. In Debating Capital Punishment, The Usual Rhetoric Points To America's Deviance From The Western Norm: Civilized Abolition And Barbaric Retention; 'us' And 'them'. This New Study By A Leading Social Thinker Sweeps Aside The Familiar Story And Offers A Compelling Interpretation Of The Culture Of American Punishment. It Shows That The Same Forces That Led To The Death Penalty's Abolition In Europe Once Made America A Pioneer Of Reform. That Democracy And Civilization Are Not The Enemies Of Capital Punishment, Though Liberalism And Humanitarianism Are. Making Sense Of Today's Differences Requires A Better Understanding Of American Society And Its Punishments Than The Standard Rhetoric Allows. Taking Us Deep Inside The World Of Capital Punishment, The Book Offers A Detailed Picture Of A Peculiar Institution, Its Cultural Meaning And Symbolic Force For Supporters And Abolitionists, Its Place In The Landscape Of American Politics And Attitudes To Crime, Its Constitutional Status And The Legal Struggles That Define It. Understanding The Death Penalty Requires That We Understand How American Society Is Put Together, The Legacy Of Racial Violence, The Structures Of Social Power, And The Commitment To Radical, Local Majority Rule. Shattering Current Stereotypes, The Book Forces Us To Rethink Our Understanding Of The Politics Of Death And Of Punishment In America And Beyond. The Exemplary Execution -- A Peculiar Institution -- The American Way Of Death -- Historical Modes Of Capital Punishment -- The Death Penalty's Decline -- Processes Of Transformation -- State And Society In America -- Capital Punishment In America -- An American Abolition -- New Political And Cultural Meanings -- Reinventing The Death Penalty -- Death And Its Uses -- Discourse And Death. David Garland. Includes Bibliographical References (p. [315]-393) And Index. 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 Americas political institutions and cultural conflicts. Americas 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. (20101223) For many Europeans, the persistence of America's death penalty is a stark reminder of American otherness. The practice of state killing is an archaic relic, a hollow symbol that accomplishes nothing but reflects a puritanical, punitive culture - bloodthirsty in its pursuit of retribution. In debating capital punishment, the usual rhetoric points to America's deviance from the western norm: civilized abolition and barbaric retention; 'us' and 'them'. This remarkable new study by a leading social thinker sweeps aside the familiar story and offers a compelling interpretation of the culture of American punishment. It shows that the same forces that led to the death penalty's abolition in Europe once made America a pioneer of reform. That democracy and civilization are not the enemies of capital punishment, though liberalism and humanitarianism are. Making sense of today's differences requires a better understanding of American society and its punishments than the standard rhetoric allows. Taking us deep inside the world of capital punishment, the book offers a detailed picture of a peculiar institution - its cultural meaning and symbolic force for supporters and abolitionists, its place in the landscape of American politics and attitudes to crime, its constitutional status and the legal struggles that define it. Understanding the death penalty requires that we understand how American society is put together - the legacy of racial violence, the structures of social power, and the commitment to radical, local majority rule. Shattering current stereotypes, the book forces us to rethink our understanding of the politics of death and of punishment in America and beyond Contents......Page 8 Prologue: The Exemplary Execution......Page 12 1. A Peculiar Institution......Page 20 2. The American Way of Death......Page 50 3. Historical Modes of Capital Punishment......Page 81 4. The Death Penalty’s Decline......Page 112 5. Processes of Transformation......Page 138 6. State and Society in America......Page 162 7. Capital Punishment in America......Page 194 8. An American Abolition......Page 217 9. New Political and Cultural Meanings......Page 242 10. Reinventing the Death Penalty......Page 267 11. Death and Its Uses......Page 296 Epilogue: Discourse and Death......Page 319 Notes......Page 326 Acknowledgments......Page 406 Index......Page 410 Why does the United States, alone among Western democracies, still have the death penalty? It's not a new question, but David Garland provides fresh answers from a multilayered analysis...The title hints at the most provocative part of Garland's answer. In American history, the'peculiar institution'is slavery. Anyone who thinks its vestiges were wiped out by the Emancipation Proclamation or civil rights laws should read this book and think again.