Against the Death Penalty by Breyer, Stephen
Against the Death Penalty by Breyer, Stephen

Against the Death Penalty

"A landmark dissenting opinion arguing against the death penalty. Does the death penalty violate the Constitution? In...
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SKU: 9780815740568
Product Type: Books
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Author: Stephen Breyer
Format: Paperback
Language: English
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Against the Death Penalty by Breyer, Stephen

Against the Death Penalty

$50.14
Against the Death Penalty by Breyer, Stephen

Against the Death Penalty

$50.14
Author: Stephen Breyer
Format: Paperback
Language: English
Description
"A landmark dissenting opinion arguing against the death penalty.

Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues that it does; that it is carried out unfairly and inconsistently and, thus, violates the ban on ""cruel and unusual punishments"" specified by the Eighth Amendment to the Constitution.

"Today's administration of the death penalty," Breyer writes, "involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty's penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use."

This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty.

Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia--as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions."

Author: Stephen Breyer
Publisher: Brookings Institution Press
Published: 08/01/2023
Pages: 172
Binding Type: Paperback
Weight: 0.43lbs
Size: 8.00h x 5.00w x 0.40d
ISBN: 9780815740568
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