Arbitrary and Capricious The Supreme Court, the Constitution, and the Death Penalty

Subjects:

• Law » Constitutional Law
• Political Science » American Politics/Government
• Law » Legal History

Reviews:

• The strength of the volume is the author's clear exposition of the dozens of Supreme Court cases that have framed the theory of American death penalty jurisprudence and shaped its practice over this long period. Despite the good-faith efforts of dozens of judges for well over a century, Foley concludes, the quest to design a satisfactory, discrimination-free process for executing criminals has failed. The goal remains as elusive as ever and as a consequence should be abandoned. This is not a sustained brief against the death penalty but a dispassionate analysis of the Court's efforts to come to grips with the problem. A valuable, comprehensive introduction to the range of constitutional issues raised by the death penalty in the US. Highly recommended. General readers and undergraduate collections.
  —Choice February 2004

• Endorsement From Peter Loge
  Director, the Campaign for Criminal Justice Reform, The Justice Project: The book provides a good review of how the Supreme Court got to where it is, both philosophically and historically. It is at turns enlightening, informative, intriguing, and challenging. In addition to providing a good overview of some of the legal and philosophical arguments around the death penalty, the book raises important, interesting, and too-often unarticulated challenges to capital punishment. Those who want to know how we got here, and whether or not we ought to continue the practice of capital punishment, would do well to read this book.
• Endorsement From Steven W. Hawkins
  Executive Director, National Coalition to Abolish the Death Penalty: ...This summary of rulings provides an invaluable resource to students of the death penalty. This important work leaves us room to hope, with Foley, that 'evolving standards of decency' is more than just a catchphrase.
• Endorsement From Sister Helen Prejean, C.S.J.
  Author of Dead Man Walking, chairperson of the Moratorium Campaign: This is the most comprehensive, readable account I've read that tracks the entire history of Supreme Court rulings on the death penalty. This is a book, not only for lawyers and scholars, but for ordinary citizens, who respect the Constitution and want to see its ideals realized.

Table of Contents:

• Acknowledgments
• The Supreme Court and the Punishment Dilemma
• 1878-1971: Initial Forays into Cruel and Unusual Punishments
• Death Takes a Hiatus
• The Supreme Court Since Furman
• The Ongoing Constitutional Debate
• Reflections and Conclusions
• Endnotes
• Index
• Bibliography