Skip to main content
Taylor & Francis Group Logo
Advanced Search

Click here to search books using title name,author name and keywords.

  • Login
  • Hi, User  
    • Your Account
    • Logout
Advanced Search

Click here to search books using title name,author name and keywords.

Breadcrumbs Section. Click here to navigate to respective pages.

Chapter

Miscarriages of Justice and the Death Penalty

Chapter

Miscarriages of Justice and the Death Penalty

DOI link for Miscarriages of Justice and the Death Penalty

Miscarriages of Justice and the Death Penalty book

Miscarriages of Justice and the Death Penalty

DOI link for Miscarriages of Justice and the Death Penalty

Miscarriages of Justice and the Death Penalty book

ByRobert Bohm, Robert M. Bohm
BookDeathQuest

Click here to navigate to parent product.

Edition 5th Edition
First Published 2016
Imprint Routledge
Pages 64
eBook ISBN 9781315673998

ABSTRACT

A U S T I N Sarat, professor of jurisprudence and political science, writes about a “new abolitionism” that eschews moralistic arguments against the death penalty, as well as those that suggest the penalty is unconstitutional, in favor of arguments about the unfair and inequitable way in which capital punishment is administered. He argues that “new abolitionists” focus on the damage capital punishment has done to core legal values such as due process and equal protection and to the legitimacy of the law itself.1 Law professor David Dow, who has represented more than 30 death row inmates, argues that the commanding issue for death penalty abolitionists today is innocence; that is, wrongfully convicting the innocent, sentencing the innocent to death, and executing them.2 Innocence is an issue that exposes many of the injustices associated with capital punishment and is arguably the most unfair outcome of the process. Thus, for these new abolitionists (and old abolitionists, too!), when assessing the administration of capital punishment, it is important to distinguish between how the death penalty might be administered ideally and the way it is administered in practice. To support the death penalty is to support actual practice and not some unobtainable ideal. It is noteworthy, in this regard, that much of the Supreme Court’s workload during the past four decades has been devoted to refining capital punishment procedures-to making the process work “right.” The record of this effort clearly shows that the death penalty in the United States remains very much a work in progress.3

T&F logoTaylor & Francis Group logo
  • Policies
    • Privacy Policy
    • Terms & Conditions
    • Cookie Policy
    • Privacy Policy
    • Terms & Conditions
    • Cookie Policy
  • Journals
    • Taylor & Francis Online
    • CogentOA
    • Taylor & Francis Online
    • CogentOA
  • Corporate
    • Taylor & Francis Group
    • Taylor & Francis Group
    • Taylor & Francis Group
    • Taylor & Francis Group
  • Help & Contact
    • Students/Researchers
    • Librarians/Institutions
    • Students/Researchers
    • Librarians/Institutions
  • Connect with us

Connect with us

Registered in England & Wales No. 3099067
5 Howick Place | London | SW1P 1WG © 2021 Informa UK Limited