Beyond repair? : America's death penalty by Garvey, Stephen P

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Retribution began to gain favor as an acceptable goal of punishment, and many Americans who had not thought about it much before came to believe in the death penalty—and to care about it. Support for the death penalty was a new attitude for many of them, one that needed to be defended, given its ambiguous status and the existence of substantial opposition. By the 1990s most people had favored the death penalty for decades; their position was normal for them and normal for the country as a whole.

42. Y. Times, Nov. 16, 1998, at a14. 43. Death Penalty Info. , supra note 40. 44. Ken Armstrong and Steve Mills, ‘‘Death Row Justice Derailed,’’ Chi. , Nov. 14, 1999, at 1. This was the first of a five-part series of articles that appeared in the Chicago Tribune from 22 : Gross and Ellsworth that dozens of capital defendants had been represented by attorneys who were later suspended from practice or disbarred and that dozens of death sentences had been obtained using the unreliable testimony of jailhouse informants.

110. nbc News/Wall St. , 7/00. 36 : Gross and Ellsworth Speculations In this section, we summarize, integrate, and elaborate the social and individual themes we have developed, focusing on the new concrete scripts, the new political climate, and the moratorium as a new alternative to favoring or opposing the death penalty. We then go on to speculate about possible futures. The Power of Concrete Cases In his concurring opinion in Furman v. ’’∞∞∞ He then summarized well-established findings about the death penalty in operation: that it does not deter homicide more effectively than life imprisonment but does cost a lot more; that it is not necessary to prevent murderers from committing future crimes; that it is applied arbitrarily and used discriminatorily against the poor and against racial and ethnic minorities; and that innocent defendants are likely to be executed.

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