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OverviewCapital punishment policies in the USA are almost always justified by an individualistic belief in either rational choice or dispositional attribution, which justifies the death penalty either as a deterrent, or for retributive or incapacitative purposes. This book takes an in-depth look at the mitigation process and the use of individualism in the capital sentencing process. The work examines the use of individualistic (hegemonic) and contextualizing (subversive) discourses in the mitigation cases presented by capital defense attorneys and experts from trials in Delaware, and how these discourses were understood, interpreted, and utilized by jurors who served on those trials and by the judges who imposed the final sentences. This in-depth sociological examination of the use of individualizing and contextualizing accounts throughout the entire mitigation process helps to illuminate the challenges involved in structuring a death penalty that is not arbitrary in a culture that is overwhelmed by individualizing discourses, and thus struggles to account for the entrenched racial and economic inequality that is so conducive to lethal violence. In conclusion, it questions the entire premise of the Supreme Court’s jurisprudence of death, which rests on a belief that the discretion of decision makers can be 'guided' in a way that accounts for contextualizing evidence and will reduce the death penalty’s arbitrary and discriminatory application. Full Product DetailsAuthor: Ross Kleinstuber , Professor Austin D. SaratPublisher: Taylor & Francis Ltd Imprint: Routledge Edition: New edition Dimensions: Width: 15.60cm , Height: 1.30cm , Length: 23.40cm Weight: 0.476kg ISBN: 9781472425591ISBN 10: 1472425596 Pages: 184 Publication Date: 22 May 2014 Audience: College/higher education , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: In Print This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsReviews'This book is a clear, evidence based demonstration of how the emphasis on individualism in the United States undermines the appreciation of social influences on behavior presented in death penalty cases, and raises important questions about the capital punishment process and the resistance to addressing structural social problems.'Wanda D. Foglia, Rowan University, USA Author InformationRoss Kleinstuber is an Assistant Professor of Justice Administration and Criminology at the University of Pittsburgh at Johnstown, USA. His current research interests include law and society, capital sentencing, genocide and international law, criminological theory, and individualism and inequality. Recent publications include studies of the role of individualism in judge and jury decision making and of the impact of hybrid sentencing statutes on capital juror behavior. Tab Content 6Author Website:Countries AvailableAll regions |