American Legal History

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AngelaProject 10 - 26 Nov 2009 - Main.AngelaChen
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-- AngelaChen - 08 Nov 2009
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 Regardless of how accurate or empirically justified the arguments of abolitionists were, their active efforts and the fact that opposition to capital punishment was part of an "international phenomenon" of transformation in penal thought (a number of European countries would abolish capital punishment entirely)(1) were seminal in triggering the abolition of or at least reform of capital punishment in many (Northern) states, including Michigan, before the Civil War.

Judges, Juries et al.

Notes

1 : Banner, pg 89

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  • Juries unwilling to convict those who they believed did not deserve to die, even if they were clearly guilty according to the letter of the law - undermined efficacy of the law
  • Judges also increasingly likely to avoid imposing death penalties, by virtue of finding 'errors in due process'
  • Clemency and benefit of clergy
  • Development of 'fake punishments' and repercussions
>
>		As Banner states, “capital punishment…was the base point from which other kinds of punishment deviated- When the state punished serious crime, most of the methods at its disposal were variations on execution”.(2)

Notes

2 : Banner, pg 54

 

Wealth, Class, and Public Opinion

  • More wealth led to ability to support institutions such as penitentiaries

Revision 10r10 - 26 Nov 2009 - 15:36:52 - AngelaChen
Revision 9r9 - 26 Nov 2009 - 06:01:25 - AngelaChen
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