When the state kills : capital punishment and the American condition, with a new preface by the author

Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans’ evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people’s sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America’s killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life’s complexities, and much further from solving the nation’s ills. In short, it leaves us with an impoverished democracy. The book’s powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish. Cover 1 Title Page 4 Copyright Page 5 CONTENTS 8 Preface to the Paperback Edition 10 Acknowledgments 16 Chapter 1 Introduction: "If Timothy McVeigh Doesn't Deserve to Die, Who Does?" 22 PART ONE: State Killing and the Politics of Vengeance 50 Chapter 2 The Return of Revenge: Hearing the Voice of the Victim in Capital Trials 52 Chapter 3 Killing Me Softly: Capital Punishment and the Technologies for Taking Life 79 PART TWO: State Killing in the Legal Process 112 Chapter 4 Capital Trials and the Ordinary World of State Killing 114 Chapter 5 The Role of the Jury in the Killing State 153 Chapter 6 Narrative Strategy and Death Penalty Advocacy: Attempting to Save the Condemned 185 PART THREE: The Cultural Life of Capital Punishment 212 Chapter 7 To See or Not To See: On Televising Executions 214 Chapter 8 State Killing in Popular Culture: Responsibility and Representation in Dead Man Walking, Last Dance, and The Green Mile 236 Chapter 9 Conclusion: Toward a New Abolitionism 273 Notes 288 Index 342 Introduction : If Timothy Mcveigh Doesn't Deserve To Die, Who Does? -- The Return Of Revenge : Hearing The Voice Of The Victim In Capital Trials -- Killing Me Softly : Capital Punishment And The Technologies For Taking Life -- Capital Trials And The Ordinary World Of State Killing -- The Role Of The Jury In The Killing State -- Narrative Strategy And Death Penalty Advocacy : Attempting To Save The Condemned -- To See Or Not To See : On Televising Executions -- State Killing In Popular Culture : Responsibility And Representation In Dead Man Walking, Last Dance, And The Green Mile -- Conclusion : Toward A New Abolitionism. Austin Sarat. With A New Preface, 2002--t.p. Verso. Includes Bibliographical References (p. [261]-314) And Index. Arguing that the capital punishment must be stopped, this book exposes us to the realities of state killing and examines its foundations in ideas about revenge and retribution. It takes us inside the courtroom of a capital trial, and presents interviews with jurors and lawyers who make decisions about life and death. Is capital punishment just? Does it deter people from murder? What is the risk of executing innocent people? These are the usual questions at the heart of the debate about capital punishment. This text argues that capital punishment must be stopped because it undermines our democratic society. April 19, 1995, was a bright, clear, spring day in Oklahoma City, the kind that refreshes and uplifts and makes doing the mundane tasks of daily life seem almost effortless.